Case Number: 19NWCV00624 Hearing Date: March 10, 2020 Dept: SEC

CITY OF SOUTH GATE v. MANCINI

CASE NO.: 19NWCV00624

HEARING: 3/10/20

JUDGE: OLIVIA ROSALES

#4

TENTATIVE ORDER

I. Plaintiff City of South Gate’s motion against Defendant Jah Healing Kemetic Temple of the Devine, Inc. for an order compelling responses to form Interrogatories, set one is GRANTED. Defendant is ordered to serve initial responses without objections within 20 days. Sanctions are imposed against Defendant Jah Healing Kemetic Temple of the Devine, Inc. and counsel, jointly and severally, in the sum of $1,512.50, payable within 30 days.

II. Plaintiff City of South Gate’s motion against Defendant Jah Healing Kemetic Temple of the Devine, Inc. for an order compelling further responses to request for admissions, set one is GRANTED. Defendant is ordered to serve further responses within 20 days. Sanctions are imposed against Defendant Jah Healing Kemetic Temple of the Devine, Inc. in the sum of $1,787.50, payable within 30 days.

Moving Party to give NOTICE.

Plaintiff City of South Gate moves to compel Defendant Jah Healing Kemetic Temple of the Devine, Inc.’s responses to form interrogatories and further responses to request for admissions per CCP §§ 2030.290 and 2033.290.

CCP § 2030.290(b) allows the propounding party to file a motion to compel responses to interrogatories if a response has not been received. If responses are untimely, responding party waives objections. (CCP § 2030.290(a).)

CCP § 2033.290 allow a party to file a motion compelling further answers to request for admissions if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP 2033.290(b).)

Defendant Jah Healing Kemetic Temple of the Devine, Inc. failed to serve timely responses to form Interrogatories. Further, the court finds Defendant’s responses to request for admissions is evasive and incomplete. Defendant responded with a meritless objection, and failed to file any opposition.

Accordingly, the motions are GRANTED. Defendant is ordered to serve initial responses to form Interrogatories, without objections, within 20 days. Defendant is also ordered to serve further responses to request for admissions within 20 days.

Sanctions: CCP §§ 2023.010(d) and 2030.290(c) authorize the court to impose sanctions for failure to respond to discovery without substantial justification.

CCP § 2033.290(d) authorizes the court to impose sanctions against any party/attorney who unsuccessfully makes or opposes a motion to compel further responses, 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.

Here, sanctions are warranted because Defendant failed to respond to form interrogatories, and Defendant’s responses to request for admissions were evasive. The court finds Plaintiff’s requests of $1,512.50 against Defendant and counsel re: the form Interrogatories and $1,787.50 against Defendant re: the request for admissions are reasonable. Accordingly, sanctions are imposed against Defendant Jah Healing Kemetic Temple of the Devine, Inc. and counsel, jointly and severally, in the sum of $1,512.50, payable within 30 days. Further sanctions are imposed against Defendant Jah Healing Kemetic Temple of the Devine, Inc. in the sum of $1,787.50, payable within 30 days.