2012-00122935-CL-MM

Georgia A Celentano vs. Coast Dental Services Inc

Nature of Proceeding: Motion to Compel Form Interrogatories and Production of Documents

Filed By: Zaro, Robert B.

Defendant Webb’s motion to compel plaintiff’s responses to form interrogatories and
requests for production of documents is UNOPPOSED and is GRANTED, as follows.

The Court notes that defendant paid only one $60 filing fee in connection with this
motion, although it seeks at least two different orders (i.e., responses to form
interrogatories and responses to request for production). A separate filing fee is
required for each. (Gov. Code §70617(f).) No later than 5/2/2014, moving defendant
shall make payment of an additional $60 to the Court Clerk.

Plaintiff Celentano shall provide verified responses, without objections, to defendant’s
form interrogatories and requests for production of documents no later than 5/15/2014.

To the extent the motion also seeks to compel the actual production of documents in
response to the requests for production, the motion is premature. A motion to compel
compliance pursuant to Code of Civil Procedure §2031.320(a) is appropriate only
where a responding party has agreed to produce documents but then fails to permit
inspection consistent with that response. Here, the motion indicates that the
responding party has not yet agreed to produce any responsive documents and
therefore, cannot yet be compelled to comply with any written responses.

Defendant’s request for monetary sanctions is denied since the motion to compel is
not opposed.

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

Moving party to provide notice of this ruling and file proof of service of same no
later than 5/2/2014.
This minute order is effective immediately. No formal order or other notice is required.
(Code Civ. Proc. §1019.5; CRC Rule 3.1312.)

Item 21 2012-00122935-CL-MM

Georgia A Celentano vs. Coast Dental Services Inc

Nature of Proceeding: Motion for Terminating Sanctions

Filed By: Zaro, Robert B.

Defendant Webb’s motion for terminating sanctions against plaintiff Celentano for her
failure to comply with this Court’s prior order compelling her attendance at deposition
(with documents) is UNOPPOSED and is GRANTED, as follows.

Moving counsel is admonished because the notice of motion fails to comply with Code
of Civil Procedure §1010 and CRC Rule 3.1110(a).

Without plaintiff’s submission to cross-examination and production of requested
documents, moving defendant is effectively precluded from preparing his defense to
this lawsuit and preparing for trial. Accordingly, the Court finds that imposing
terminating sanctions against plaintiff will under the circumstances here not result in a
windfall to the moving party and plaintiff’s complaint is hereby dismissed as against the
moving defendant only.

The Court declines to impose additional monetary sanctions under the circumstances
here.

Pursuant to CRC Rule 3.1312, moving party to submit a proposed judgment of
dismissal of plaintiff’s complaint as against the moving defendant only.

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