Case Number: 19STCV15485 Hearing Date: February 20, 2020 Dept: 48

Plaintiff’s motion to compel responses to form interrogatories, set two, and request for sanctions, is GRANTED.

When a party to whom interrogatories are directed fails to respond, under CCP § 2030.290(b) a party propounding the interrogatories may move for an order compelling a response. A party who fails to provide a timely response waives any objection, including one based on privilege or work product. CCP § 2030.290(a). For a motion to compel initial responses, no meet and confer is required. All that needs to be shown is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. Leach v. Sup. Ct. (1980) 111 Cal.App.3d 902, 905-06. Here, as of the date of the filing of the motion, Plaintiff had not received any responses to form interrogatories from Defendant N B & T. See Declaration of Christine Yeroushalmi, ¶ 8. Accordingly, Plaintiff is entitled to an order compelling responses. The motion to compel responses to form interrogatories, set two is GRANTED. Defendant N B & T Industries, Inc. is ordered to provide code-compliant, verified responses without objection within 10 days.

Plaintiff’s request for sanctions is GRANTED in the reduced amount of $1,260 (4 hours at $300/hour plus $60 filing fee—see Yeroushalmi Decl.,. ¶ 9) against Defendant N B & T Industries, Inc. and its counsel of record, Jonathan M. Werner and Jacob M. Clark of Alvarado Smith, jointly and severally. Sanctions are to be paid to Plaintiff’s counsel within 10 days.

Moving party is ordered to give notice.