2017-00212703-CU-PO

Keisha Truitt vs. R. Scott Rasmussen, LLC

Nature of Proceeding: Motion to Compel 1) Form Interrogatories 2) Special Interrogatories

Filed By: Sampson, Benjamin A.

If oral argument is requested, it will be heard at 2:00 pm on Monday, April 2, 2018 in this department.

Defendant Experis US, Inc.’s Motion for Order to Compel Self-represented Plaintiff Keisha Truitt to Respond to Form and Special Interrogatories (Sets One) is unopposed and is GRANTED. The request for imposition of sanctions is DENIED, as the motion is unopposed. Code Civil Procedure sections 2030.290(c), 2023.030(a).

The notice of motion does not provide notice of the Court’s tentative ruling system as required by with C.R.C., Rule 3.1308 and Local Rule 1.06(D). Local Rules for the Sacramento Superior Court are available on the Court’s website at Counsel for moving party is ordered to notify opposing party immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B).

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 provide counsel for Defendant with verified, written answers to the First Sets of Form and Special Interrogatories, without objections, not later than Monday, April 9, 2018.