30-2012-00574566
Defendant Brian Acquafresca’s Motion to Compel Plaintiff Kathy Nguyen to Provide Further Responses to His First Set of Form Interrogatories is MOOT. On 2/17/14 Plaintiff’s attorney stated that further responses will be provided by 2/24/14. Defendant jumped the gun and filed the moving papers on 2/19/14. Plaintiff thereafter provided further responses on 2/24/14 and additional further responses on 3/28/14.

Defendant and his attorneys of record are to pay $1,000.00 in sanctions within 30 days.

Plaintiff’s RJN: This court GRANTS judicial notice of prior minute orders and documents filed in this case.

Code Civ. Proc., § 2030.300(d) provides: “The court shall impose a monetary sanction … against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a further response to interrogatories, 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.”

Moving party is to give notice.

Defendant Brian Acquafresca’s Motion to Compel Plaintiff Kathy Nguyen to Provide Further Responses to His First Set of Requests for Admissions is GRANTED.

With respect to RFA Nos. 1, 2, 5, 6, 10, 17, and 18: Plaintiff has failed to sufficiently justify the objections raised. In addition, the substantive response provided fails to comply with Code. Plaintiff is compelled to admit and/or deny so much as true as the information available to her. To the extent she lacks the information, she should make a reasonable inquiry to obtain the information as required under CRC 2033.220(c).

With respect to RFA No. 9, other than the objection based on the ground that the request is compound, Plaintiff has failed to sufficiently justify the other objections raised. In addition, although the request is compound, Plaintiff should provide a clear and straightforward response and answer as much of the matter as she can (CCP §§ 2033.220.)

Plaintiff and her attorneys of record are to pay $1,090.00 in sanctions within 30 days.

Plaintiff’s RJN: This court GRANTS judicial notice of prior minute orders and documents filed in this case.

Moving party is to give notice.