2013-00154377-CU-PO

Joann Ortiz vs. Med Cross Medical Transportation Inc

Nature of Proceeding:   Motion to Compel 1. Form Interrogatories 2. Special Interrogatories 3.

Filed By:  Caldwell, Craig A.

Defendant Inara Velyan dba Med Cross Medical Transportation’s unopposed motion to
compel Plaintiff Joanne Ortiz’s discovery responses is granted

Plaintiff filed a statement on non-opposition.

No later than July 17, 2014, Plaintiff shall serve verified responses, without objections,
to Defendant’s form interrogatories (set one), special interrogatories (set one) and
request for production (set one).

Defendant’s request for sanctions is denied for two separate and independent
reasons.  First, the notice of motion failed to even mention sanctions and therefore
failed to “identify every person, party, and attorney against whom the sanction is
sought” as required by CCP § 2023.040.  In addition the motion was unopposed.
Although California Rules of Court, Rule 3.1348(a) purports to authorize sanctions if a
motion is unopposed, the Court declines to do so, as the specific statutes governing
the specific discovery motions (CCP §§ 2030.290(c), 2031.300(c)) authorize sanctions             only if the subject motion was unsuccessfully made or opposed.  Any order imposing
sanctions under the CRC must conform to the conditions of the statutes authorizing
sanctions.  ( Trans-Action Commercial Investors, Ltd. v. Firmaterr, Inc. (1997) 60
th
Cal.App.4   352, 355.)  However, repeated conduct of failing to comply with discovery
obligation may lead the Court to find an abuse of the discovery process and award
sanctions on that basis.  (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231
Cal.App.3d 481.)

This minute order is effective immediately.  No formal order pursuant to CRC 3.1312 or
other notice is required.