16-CIV-00301 CUCKOO’S NEST CLUB, LLC, et al. vs. ANTHONY

PERKINS, et al.

BOOTUP VENTURES, LLC DAVID P. NEMECEK, JR,

anthony PERKINS PRO/PER

CUCKOO’S NEST CLUB, LLC AND BOOTUP VENTURES, LLC’S MOTION TO COMPEL RESPONSES TO SECOND SET OF REQUESTS FOR PRODUCTION, FIRST SET OF SPECIAL INTERROGATORIES, THIRD SET OF FORM INTERROGATORIES, TO HAVE FIRST SET OF REQUESTS FOR ADMISSIONS DEEMED ADMITTED AND FOR SANCTIONS

TENTATIVE RULING:

The motion is moot as to the relief requested by Plaintiff Cuckoo’s Nest Club. On January 19, 2018, the court heard and granted its motion for terminating sanctions as to defendant Perkins.

The motion is denied as to any request for terminating sanctions by plaintiff BootUp Ventures. CCP §2023.030 provides that, to the extent authorized by the chapter governing any particular discovery method, the court may impose issue, evidence or terminating sanctions. CCP §2030.290 provides that when a party fails to respond to interrogatories, the party propounding them may move for an order compelling a response. The statute does not authorize issue, evidence or terminating sanctions unless the responding party fails to obey the order compelling a response.

However, the court will deem the motion as one to compel Perkins to respond to BootUp Ventures First Set of Special Interrogatories. Defendant shall provide verified responses, without objection, to the interrogatories on or before February 2, 2018.

The request for sanctions is denied as plaintiff has not established the amount of fees actually incurred as a result of defendant’s failure to respond to discovery. CCP §2023.030.