2011-00111747-CU-BC

Michael C Yang Trustee vs. Michael J Cimorelli Trustee

Nature of Proceeding: Motion to Compel Special Interrogatories

Filed By: Fairbrook, John D.

Defendants Michael Cimorelli, Lynne Cimorelli and Cimcom Industries, Inc.’s motion to
compel plaintiffs Yang and Zhao’s responses to the former’s special interrogatories,
set one, is effectively UNOPPOSED and is GRANTED as follows.

Moving counsel is admonished because the notice of motion does not provide the
correct address for Dept. 54.

In response to the present motion, plaintiffs filed a “conditional non-opposition” to
defendants’ motion. This “conditional non-opposition” asserts that plaintiffs were for
various reasons summarized as “the press of business” unable to provide complete,
timely responses to defendants’ discovery but that plaintiffs did in fact serve in March
the responses sought by this motion. Plaintiffs also request that no sanctions be
imposed for their delay in responding to the discovery. At the outset, the Court notes that the present motion is not rendered moot because
plaintiffs have now provided the overdue responses to the discovery at issue here.
Code of Civil Procedure §1005.5 specifically provides that a motion is deemed made
at the time it is filed and served but plaintiffs admittedly had not provided the
responses by the time the present motion was filed and served on 3/19/2014.
Accordingly, this motion is not moot within the meaning of §1005.5.

As plaintiffs have provided no meaningful or substantive opposition, the present motion
is effectively unopposed and is therefore granted. Moreover, because plaintiffs failed
to timely respond to the interrogatories, all objections thereto have been waived by
operation of law. Accordingly, Plaintiffs shall provide verified responses, without
objections, to defendants Michael Cimorelli, Lynne Cimorelli and Cimcom Industries,
Inc.’s respective special interrogatories no later than 4/28/2014 (unless defendants
agree to a later date to be confirmed in writing).

Defendants’ request for monetary sanctions is denied since the motion is effectively
unopposed.

The Court notes that defendants paid only one $60 filing fee in connection with this
motion, although it seeks at least three different orders (i.e., responses to Michael
Cimorelli’s interrogatories, responses to Lynne Cimorelli’s interrogatories and
responses to Cimcom Industries, Inc.’s interrogatories). A separate filing fee is
required for each. (Gov. Code §70617(f).) No later than 4/23/2014, defendants shall
make payment of an additional $120 to the Court Clerk.

Moving counsel is advised that where discovery responses (as opposed to further
responses) are sought, the discovery requests need not be included with the moving
papers. Proof of the discovery’s service is all that is required.

This minute order is effective immediately. No formal order or other notice is required.
(Code Civ. Proc. §1019.5; CRC Rule 3.1312.)