2013-00148003-CU-OR
Gregory P. Axline vs. Heather Reimund
Nature of Proceeding:
Filed By:
Motion to Compel 1. Form Interrogatories 2. Special Interrogatories
Reimund, Heather

Self-represented Defendant Reimund’s Motion to Compel Plaintiff to provide Answers
to Form Interrogatories (Set One) is unopposed and is GRANTED. The request for
imposition of sanctions is granted. Code Civil Procedure sections 2030.290(c),
2023.030(a).

Counsel for Plaintiff and cross-defendant Axline has late filed his declaration asserting
that he complied with the Court’s Feb. 25, 2014 order to serve responses to Set One
Special Interrogatories on Feb. 13, 2014. He declares that it is unclear what
responses moving party seeks as she has had them for six weeks.

This motion does not address the First Set of Special Interrogatories, but the Form
Interrogatories (Set one) and Special Interrogatories (Set Two).

Although not framed as an opposition, that declaration challenges moving party’s right
to responses to the Second Set of Special Interrogatories, asserting that there are no
facts in her motion reflecting that she served them. The Court therefore finds that it is
a de facto opposition, justifying sanctions.

The Court notes that BOTH the first and second sets of Special Interrogatories were
the subject of its prior order on Feb. 25, 2014. At that time, in support of that motion,
filed Jan. 24, 2014, Reimund provided her declaration and copy of the Second Set of
Special Interrogatories, reflecting that they were served on plaintiff’s counsel via U.S.
Mail on November 26, 2013.

Plaintiff shall serve Defendant with verified, written answers to the First Set of Form
Interrogatories, without objections, not later than Monday, April 28, 2014.
Self-represented Defendant Reimund’s Motion to Compel Plaintiff to provide Answers
to Special Interrogatories (Set Two) is unopposed but has previously been heard and
GRANTED on Feb. 25, 2014. Moving party now declares that the plaintiff has failed to
comply with that Court order.

However, the remedy for failure to comply with a Court order to provide responses is
not a second motion to compel answers to interrogatories, but for monetary,
evidentiary, issue or terminating sanctions.

Moving party has requested only $410 in monetary sanctions, for a single motion to
compel two forms of discovery, the Court awards plaintiff monetary sanctions in the
amount of $205, for failure to comply with the Feb. 28, 2014 order to provide answers
to the second set of special interrogatories. See, e.g. C.R.C., Rule 3.37(b); Kravitz v.
Superior Court (2001) 91 Cal. App. 4th 1015, 1020 -1021. Sanctions to be paid by
plaintiff not later than Wed., May 14, 2014. If sanctions are not paid by the due date,
prevailing party may submit a formal order for enforcement purposes. Newland v
Superior Court (1995) 40 Cal.App.4th 608, 610.