Lawzilla Additional Information: Lawzilla believes the final order did not impose any sanctions.
Case Number: 18STCV00755 Hearing Date: June 04, 2019 Dept: 3
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT
EUGENE HASSON,
Plaintiff(s),
vs.
CHABRE THADNISHA ROBERTSON, ET AL.,
Defendant(s).
CASE NO: 18STCV00755
[TENTATIVE] ORDER DENYING PLAINTIFF’S MOTIONS TO COMPEL
Dept. 3
1:30 p.m.
June 4, 2019
Plaintiff propounded form interrogatories on each of the two defendants on 3/19/19. Responses were due on or before 4/23/19. On 4/25/19, Plaintiff filed motions to compel responses to the form interrogatories. The motions are denied for two reasons. First, Plaintiff’s attorney does not declare he did not receive responses to the interrogatories at issue. Second, Defendants, in their opposition, provide evidence that they served responses, by mail, on 4/23/19. It appears Plaintiff “rushed to court” to file these motions before receiving the timely served responses in the mail.
Plaintiff, in reply, argues the motions should be granted because the responses improperly consisted solely of objections. The propriety or lack of propriety of the objections needs to be addressed by way of a motion to compel further, not initial, responses. Plaintiff did not file such a motion, and did not comply with the various procedural requirements (informal discovery conference, separate statement) in order to do so.
The motions are denied. The Court finds the motions were improperly filed, and an award of sanctions in favor of Defendants is appropriate. CCP §2030.290(c). Defendants seeks sanctions in the reasonable and fully supported amount of $373. Plaintiff and his attorney of record, jointly and severally, are ordered to pay sanctions to Defendants, by and through their attorney of record, in the amount of $373, within twenty days.
Plaintiff is ordered to give notice.