Lawzilla Additional Information:
Per the Santa Clara records plaintiff is represented by attorney Amir Mostafavi
Case Name: CASSINELLI V. APPLIED PHYSICS SYSTEMS, INC., ET AL.
Case No: 1-12-CV-236526
Date: April 4, 2014
Time: 9:00 a.m.
Dept: 3
Defendant/Cross-Complainant Applied Physics Systems, Inc. (“APS”) brings this motion to compel plaintiff/cross-defendant John Cassinelli (“Cassinelli”) to provide further responses to special interrogatories. APS and Cassinelli both seek monetary sanctions.
APS’ motion to compel further responses is GRANTED. In opposing APS’ motion, the burden was on Cassinelli to justify his objections to the special interrogatories. (Fairmont Ins. Co. v. Sup. Ct. (2000) 22 Cal.4th 245, 255, citing Coy v. Sup. Ct. (1962) 58 Cal.2d 210, 220-221.) Because Cassinelli failed to justify his objections and his substantive responses to the special interrogatories are otherwise evasive and incomplete, APS is entitled to further responses. Accordingly, Cassinelli shall serve verified, code-compliant further responses, without objection (except for the work product privilege which has been preserved) to Special Interrogatories Nos. 3-10, 13, 14, 16, 20-25, 28, 29, and 31, within 20 calendar days of the filing of the written order.
APS’ request for monetary sanctions against Cassinelli and his counsel is GRANTED IN PART in the amount of $1,290. (Code Civ. Proc. [“CCP”], § 2023.020.) Accordingly, Cassinelli and his counsel shall pay $1,290 to counsel for APS within 20 days of the date of the filing of the written order.
Cassinelli’s request for monetary sanctions is DENIED, as Cassinelli did not successfully oppose APS’ motion. (CCP, § 2030.300, subd. (d).)