2013-00153975-CU-PO

George Naylor vs. Supershuttle International, Inc.

Nature of Proceeding: Motion to Compel Responses to Supplemental Discovery Requests

Filed By: Isbell, Allan L.

Defendants’ Motion to Compel Plaintiff to provide Answers to Supplemental Interrogatories and Supplemental Request for Production of Documents (Sets One) is unopposed and is GRANTED. The request for imposition of sanctions is denied, as the

motion is not opposed. Code Civil Procedure sections 2030.290(c),2031.300(b), 2023.030(a).

Although California Rules of Court, Rule 3.1030 purports to authorize sanctions if the motion is unopposed, the Court declines to do so, as the specific statutes governing this discovery authorize sanctions only if the motion was unsuccessfully made or opposed. Any order imposing sanctions under the C.R.C. must conform to the conditions of one or more of the statutes authorizing sanctions. (Trans-Action Commercial Investors, Ltd. v. Firmaterr, Inc. (1997) 60 Cal.App.4th 352, 355.) However, repeated conduct of failing to comply with discovery obligations may lead the Court to find an abuse of the discovery process and award sanctions on that basis. ( Laguna Auto Body v. Farmers Insurance Exchange (1991) 231 Cal. App. 3d 481.)

Plaintiff shall serve counsel for Defendants with verified, written answers to the Supplemental Interrogatories and Supplemental Requests for Production of Documents (Set One), without objections, and produce all responsive documents in his possession, custody or control not later than Monday, March 19, 2018.