Motion to Compel Further Responses to Form Irogs

Tentative Ruling: Defendant T-Rex Truck Products, Inc.’s Motion to Compel Further Responses to Form Interrogatories—Employment Law (Set 1) is GRANTED and sanctions awarded against Plaintiff and attorney of record, jointly and severally, in the amount of $817.95. Plaintiff, as the objecting party, has the burden to justify any objection or failure to fully answer the Irogs. (Coy v. Sup.Ct. (Wolcher) (1962) 58 Cal.2d 210, 220-221.) Here, Plaintiff has not sufficiently sustained its burden with what is essentially a “you did it, so I can do it” argument. Further responses are due and sanctions are payable 15 days after service of this order.

It appears Plaintiff served Form Irogs (Employment) first, and Defendant responded with objections. Rather than attempt to meet and confer and/or bring a motion to compel further responses, Plaintiff decided to employ the same strategy when Defendant served its own set of Form Irogs (Employment) on Plaintiff. These senseless tactics are concerning to the court. Plaintiff, as the objecting party, has the burden to justify any objection or failure to fully answer the Irogs. (Coy, supra, 58 Cal.2d at 220-221.) Here, Plaintiff has not sufficiently sustained its burden with reference to various maxims of jurisprudence and this “pot calling the kettle black” argument.

Sanctions are warranted, but will be reduced. The Court will award 3 hours to prepare the motion and 1 hour for the reply. Total 4 hours @ $180 an hour=$720 + $97.95 (costs) Total: $817.95.