Case Name: Jennifer Blomquist et al vs Jeff Smith et al.
Case No.: 16CV304201

The motion by named Real Party in Interest San Jose Water Company (“SJW”) to compel Plaintiffs to serve responses to Form Interrogatories, Special Interrogatories and Document Requests was timely and properly served. Even though Plaintiffs filed an ex parte application to continue this hearing, Plaintiffs have not filed opposition to the motion, and apparently have not served responses, and they appear to be of the view that SJW has no right to serve discovery, as SJW is merely a real party in interest.

The motion to compel is GRANTED in part. The Code allows “any party” to conduct discovery by serving written discovery, and, inter alia, take depositions. (Code of Civ. Proc. sec. 2019.020.)

Form Interrogatories are designed for use in personal injury cases, and many of the Form Interrogatories checked by SJW are clearly geared to discovery in personal injury cases. The Court finds that the use of “incident” based form interrogatories to be improper in the context of this case. (See California Practice Guide, Civil Procedure Before Trial, §8:933.8, “Objections to certain Official Form Interrogatories are likely to be sustained in cases involving complex business transactions.” [Emphasis in original.])” It is likely impossible to provide an appropriate definition of “Incident” in a mandate case that appears to involve multiple events and multiple claims. The Court finds that the term defined in the Form Interrogatories is hopelessly overbroad and ambiguous in the context of this case.

Accordingly, the motion to compel responses for Form Interrogatories (“FI”) that use the word “incident” is DENIED, and the motion is GRANTED as to the following FIs: 1.1, 2.0, 2.2, 2.5, 2.7, 2.8, 3.0, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, and the entirety of the 50 series, including 50.1, 50.2, 50.3, 50.4, 50.5, and 50.6.

The motion to compel responses to SJW’s Special Interrogatories, Set One, and SJW’s Request for Production of Documents, Set One is GRANTED.

EACH Plaintiff shall serve full and complete, verified responses, without objections, to the Special Interrogatories Set One, and SJW’s Request for Production of Documents, Set One within 20 days after service of notice of entry of an order signed by the Court.
The Court finds that Plaintiffs did not act with substantial justification in refusing to respond to discovery, and sanctions are awarded, payable by both Plaintiffs jointly and severally, in the amount of $900 (representing 3 hours that the Court finds was reasonably and necessarily spent). As no opposition was filed, no reply has been necessary.

Moving party shall prepare the order.