2010-00085697-CU-WT

Bryon Axt vs. Matthew Mezzetta

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

Filed By: Roper, Erik M.

Plaintiff’s’ Motion to Compel Defendants Mezetta, Moore, Rogers and Specialized
Parts Planet, Inc. to provide Further Answers to Form and Special Interrogatories
(Sets One) is GRANTED in part and DENIED in part. Plaintiff’s request for imposition
of sanctions is GRANTED. Code Civil Procedure sections 2030.300(d), 2031.310(d),
2023.030(a).

Form Interrogatories (Set One)

Defendants shall serve further, verified answers, without objections, to interrogatories
nos. 9.1, 9.2, 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 50.1 and 50.2 to moving party’s
counsel not later than Friday, May 30, 2014.

As the Requests for Admissions and responses thereto have not been provided to the
Court, in the Separate Statement, no further response is required to 17.1. The Court
declines to consider the belated provision of the responses to the requests for
admission with the Reply papers.

The Court does not concur with opposing party that further interrogatory responses are
unnecessary as depositions have been taken and documents produced. Moving
parties are entitled to employ all forms of discovery as they see fit.

An “INCIDENT” is not always an accident, but may be an alleged breach of contract or
misrepresentation.

Special Interrogatories (Set One)
Opposing party has conceded that they intended to provide a supplemental response
to Special Interrogatories (Set One) nos. 1-10, and have attached them to their
opposition papers. No further responses will be ordered at this time.

In the absence of a separate statement addressing the further supplemental
responses, the Court declines to address them.

Sanctions in the amount of $590, representing two hours of attorney’s fees at
$250/hour and the $60 filing fee shall be paid by defendants to counsel for the plaintiff
not later than Thursday, June 19, 2014. If sanctions are not paid by the due date,
prevailing party may submit a formal order for enforcement purposes. Newland v
Superior Court (1995) 40 Cal.App.4th 608, 610.

The minute order is effective immediately. No formal order pursuant to CRC Rule
3.1312 or further notice is required.

Item 5 2010-00085697-CU-WT

Bryon Axt vs. Matthew Mezzetta

Nature of Proceeding: Motion to Compel 1. Special Interrogatories, set two 2. Production of

Filed By: Roper, Erik M.

Plaintiff’s’ Motion to Compel Defendants Mezetta, Moore, Rogers and Specialized
Parts Planet, Inc. to provide Answers to Special Interrogatories and Responses to
Requests for Production (Sets Two ) is unopposed and is GRANTED. Plaintiff’s
request for imposition of sanctions is DENIED, as the motion is unopposed. Code Civil
Procedure sections 2030.290(c), 2031.300(c), 2023.030(a).

No monetary sanctions are imposed for the motion to compel responses to
Interrogatories or Request for Production. Although California Rules of Court, Rule
3.1348(a) purports to authorize sanctions if the motion is unopposed, the Court
declines to do so, as the specific statutes governing this discovery authorize sanctions
only if the motion was unsuccessfully made or opposed. Any order imposing sanctions
under the C.R.C. must conform to the conditions of one or more of the statutes
authorizing sanctions. Trans-Action Commercial Investors, Ltd. v. Firmaterr, Inc.
(1997) 60 Cal.App.4th 352, 355. However, repeated conduct of failing to comply with
discovery obligations may lead the Court to find an abuse of the discovery process and
award sanctions on that basis. Laguna Auto Body v. Farmers Insurance Exchange
(1991) 231 Cal. App. 3d 481.

Here, moving parties served their second sets of Special Interrogatories and Request
for Production of Documents but have received no responses.

Defendants shall serve their verified written responses, without objections, to the
second set of Special Interrogatories and response to Request for Production of
Documents, together with all responsive documents in their possession custody or
control not later than Friday, May 30, 2014.

This minute order is effective immediately. No formal order nor further notice is
required, the tentative ruling providing sufficient notice.