On 14 March 2014, the motion of Defendant Next Door dba Solutions to Domestic Violence (“Defendant”) to compel Plaintiff Ruthie Beltran (“Plaintiff”) to provide responses to form interrogatories (set one, sanctions was argued and submitted. Plaintiff did not file formal opposition to the motion.

All parties are reminded that all papers must comply with Rule of Court 3.1110(f).

I. Factual Background
II.
This is a personal injury action in which Plaintiff allegedly fell and twisted her ankle after descending a staircase with no railing.

On 15 October 2013, Defendant served Plaintiff a set of Form Interrogatories, a set of Special Interrogatories, and a Demand for Production and Inspection of Documents and Things. As of this filing, Defendant has not received any response from Plaintiff or Plaintiff’s counsel.

III. Discussion
IV.
The party propounding interrogatories shall serve a copy of them on the party to whom the interrogatories are directed. Code of Civil Procedure (“CCP”) §§ 2030.080(a). The party making a demand for inspection, copying, testing, or sampling shall serve a copy of the demand on the party to whom it is directed. CCP § 2031.040. The party to whom the request is directed shall respond within 30 days after service. The party to whom the requests are directed fails to serve a timely response, the party waives any right to objection on the request, including one based on privilege or on the protection for work product. CCP §§ 2030.290 (interrogatories), 2031.300 (demand for production).

Defendant properly served Plaintiff with the Interrogatories and Demand for Inspection on 15 October 2013. Because requests were served by mail, Plaintiff’s response became due thirty-five (35) days later, on 19 November 2013. To date, Defendant has not received any responses to the requests from Plaintiff. Defendant’s motion to compel answers to the Form Interrogatories, the Special Interrogatories, and response to the Demand for Inspection is GRANTED. Plaintiff shall respond to the discovery without objection and within 20 days of the date of the filing of this order.

V. Sanctions
VI.
Defendant makes a request for monetary sanctions. The request is not code-compliant.

Code of Civil Procedure, § 2023.040 states: “A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought. The notice of motion shall be supported by a memorandum of points and authorities, and accompanied by a declaration setting forth facts supporting the amount of any monetary sanction sought.” Thus

The Court shall impose a monetary sanction against any party who unsuccessfully makes or opposes a motion to compel discovery, unless it finds that party acted with “substantial justification” or other circumstances render sanctions “unjust.” CCP §§ 2030.290(c) (interrogatories), 2031.300(c) (demand for production). However, this motion was unopposed.

It appears that Defendant’s counsel borrowed the language of CCP section 2023.010 in support of his request for sanctions under sections 2030.290 and 2031.300. (Motion to Compel, page 3, lines 25-26.) However, this language is not found in section 2030.290 or 2031.300. Even if, assuming arguendo, that counsel did cite 2023.010 as support for his request for sanctions, it would have been nonetheless unavailing as 2023.010 lists only various misuses of the discovery process. It is section 2023.030 that lists the appropriate remedies for such misuses. Counsel also could have cited alternatively Cal. Rules of Court, rule 3.1348(a) as support.

Defendant’s motion for monetary sanctions is DENIED.

VII. Conclusion
VIII.
Defendant’s motion to compel answers to the Form Interrogatories, the Special Interrogatories, and response to the Demand for Inspection is GRANTED. Plaintiff shall respond to the discovery without objection and within 20 days of the date of the filing of this order.

Defendant’s motion for monetary sanctions is DENIED.