Case Number: KC065567    Hearing Date: July 09, 2014    Dept: O

San Miguel, et al. v. Wong, et al. (KC065567)

Plaintiffs San Miguel and Ulibas’s MOTION FOR ORDER COMPELLING RESPONSE TO PLAINTIFF’S FORM INTERROGATORIES (SET ONE), DEMAND FOR PRODUCTION OF DOCUMENTS, AND FOR AN ORDER COMPELLING DEFENDANTS’ ATTENDANCE AT THEIR DEPOSITIONS

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiffs San Miguel and Ulibas’s motion for order compelling response to plaintiff’s form interrogatories (set one), demand for production of documents, and for an order compelling defendants’ attendance at their depositions is GRANTED. (CCP 2030.290, 2031.300.)

Defendants are ordered to respond to discovery without objections within 10 days. Sanctions are imposed against Defendants, jointly and severally, in the sum of $1,500.00 payable within 30 days.

CCP 2030.290(b) and 2031.300(b) allow the propounding party to file a motion to compel responses to interrogatories and document demands if a response has not been received. If responses are untimely, responding party waives objections. (CCP 2030.290(a) and 2031.300(a).) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document or tangible thing described in the deposition notice. (CCP 2025.450(a).)

Defendants failed to serve any responses, and failed to appear at their properly noticed depositions. Defendants are ordered to respond to discovery without objections within 10 days.

Sanctions: CCP 2023.010(d), 2030.290(c), 2031.300(c), and 2025.450(c)(1) authorize the court to impose sanctions for failure to respond to discovery without substantial justification.

Here, sanctions are appropriate because Defendants failed to serve any responses to discovery, and failed to appear at their properly noticed depositions. The court finds Plaintiff’s total request of $2,250.00 is reasonable. Accordingly, sanctions in the sum of $2,250.00 are imposed against Defendants, jointly and severally, payable within 30 day