Case Number: KC065500    Hearing Date: October 31, 2014    Dept: O

Gunawan v. Yen, et al. (KC065500)

1. Defendant Bank of America Corporation’s MOTION TO COMPEL PLAINTIFF’S RESPONSES TO REQUEST FOR PRODUCTION SET ONE

Respondent: NO OPPOSITION

2. Defendant Bank of America Corporation’s MOTION TO COMPEL PLAINTIFF’S RESPONSES TO FORM INTERROGATORIES SET ONE

Respondent: NO OPPOSITION

TENTATIVE RULING

1-2. Defendant Bank of America Corporation’s motions to compel discovery are MOOT. Summary judgment was rendered in Defendant’s favor on 10/16/14. Sanctions are imposed against Plaintiff and Plaintiff’s counsel, jointly and severally in the sum of $1,300.00, payable within 30 days.

CCP 2030.290(b) and 2031.300(b) allow the propounding party to file a motion to compel responses to interrogatories and document demands if a response has not been received. If responses are untimely, responding party waives objections. (CCP 2030.290(a) and 2031.300(a).)

The motions are moot in light of the court’s grant of summary judgment on 10/16/14.

Sanctions: CCP 2023.010(d), 2030.290(c) and 2031.300(c) authorize the court to impose sanctions for failure to respond to discovery without substantial justification.

Here, sanctions are appropriate because Plaintiff failed to serve any responses to discovery. The court finds Defendant’s request of $1,300.00 is reasonable. Accordingly, sanctions are imposed against Plaintiff and Plaintiff’s counsel, jointly and severally, in the sum of $1,300.00, payable within 30 days.