Case Number: KC063903    Hearing Date: August 04, 2014    Dept: O

Re: Watley, et al. v. Antikyan, et al. (KC063903)

1. Defendant Antikyan’s MOTION TO COMPEL PLAINTIFF ANGELA FRAZIER’S RESPONSES TO SPECIAL INTERROGATORIES (SET FOUR)

2. Defendant Antikyan’s MOTION TO COMPEL PLAINTIFF ANGELA FRAZIER’S RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS (SET TWO)

3. Defendant Antikyan’s MOTION TO COMPEL PLAINTIFF JADA WATLEY’S FURTHER RESPONSES TO SPECIAL INTERROGATORIES (SET THREE)

4. Defendant Antikyan’s MOTION TO COMPEL PLAINTIFF JADA WATLEY’S FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS (SET FOUR)

Respondent: Plaintiffs Watley and Frazier (filed a joint opposition)

TENTATIVE RULING

1-2. Discovery Motions as to Angela Frazier

Defendant Antikyan’s motions to compel plaintiff Angela Frazier’s responses are GRANTED. Plaintiff is ordered to respond to discovery without objections within 10 days. Sanctions are imposed against Plaintiff Frazier, in the sum of $1,980.00, payable within 30 days.

TIMELINESS:

On 7/16/14, this court continued Defendant’s motions to 8/4/14, and allowed the parties to further brief the substantive issues. Supplemental Oppositions were due 7/23/14. The court is in receipt of Plaintiffs’ late-filed Supplemental Opposition, but the Opposition failed to address the substance of the motions. Instead, the supplemental opposition once again resurrects the issue of timeliness. On 7/16/14, this court already found that the motions were timely-filed based on the 10/1/13 stipulation to continue trial and extend discovery cut-off.

MERITS:

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).)

Plaintiff Frazier failed to serve any responses. Accordingly, motion is GRANTED. Plaintiff is ordered to respond to discovery without objections within 10 days.

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

Here, sanctions are appropriate because Plaintiff Frazier failed to serve any responses to discovery. The court finds Defendant’s total request of $1,980.00 is reasonable. Accordingly, sanctions are imposed against Plaintiff Frazier, in the sum of $1,980.00, payable within 30 days.

3-4. Discovery Motions as to Jada Watley

Defendant Antikyan’s motions to compel plaintiff Jada Watley’s further responses are GRANTED. Plaintiff is ordered to provide supplemental responses within 10 days. Sanctions are imposed against Plaintiff Watley, in the sum of $2,290.00, payable within 30 days.

TIMELINESS:

On 7/16/14, this court continued Defendant’s motions to 8/4/14, and allowed the parties to further brief the substantive issues. Supplemental Oppositions were due 7/23/14. The court is in receipt of Plaintiffs’ late-filed Supplemental Opposition, but the Opposition failed to address the substance of the motions. Instead, the supplemental opposition once again resurrects the issue of timeliness. On 7/16/14, this court already found that the motions were timely-filed based on the 10/1/13 stipulation to continue trial and extend discovery cut-off.

MERITS:

CCP 2030.300 and 2031.310 allow a party to file a motion compelling further answers to interrogatories, document requests and request for admissions if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP 2030.300(b); 2031.310(b).)

The court finds the parties adequately met and conferred. Moreover, the court further finds Plaintiff’s responses and boilerplate objections are without merit and nonresponsive. The answering party owes a duty to respond in good faith as best he or she can. (See Deyo v. Kilbourne (1978) 84 CA3d 771, 783.)

Motion is GRANTED. Plaintiff is ordered to provide supplemental responses within 10 days.

SANCTIONS: CCP 2030.300(d) and 2031.310(d) authorize the court to impose a sanction against any party/attorney who unsuccessfully makes or opposes a motion to compel further responses, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.

Sanctions are warranted because Plaintiff Watley served nonresponsive discovery responses. The court finds the request of $2,290.00 is reasonable. Accordingly, sanctions are imposed against Plaintiff Watley, in the sum of $2,290.00, payable within 30 days.