MARIA ARROYO VS ANDRES BERNADO OLVERA

Case Number: BC658156 Hearing Date: December 11, 2018 Dept: 3

MARIA ARROYO,

Plaintiff(s),

vs.

ANDRES BERNARDO OLVERA, ET AL.,

Defendant(s).

CASE NO: BC658156

[TENTATIVE] ORDER CONDITIONALLY GRANTING DEFENDANT’S UNOPPOSED MOTIONS TO COMPEL

Dept. 3

1:30 p.m.

December 11, 2018

Defendant propounded form interrogatories, special interrogatories, and RPDs on Plaintiff on 9/12/17. To date, despite multiple attempts to meet and confer, Plaintiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions.

Defendant’s motions are conditionally granted. Only one filing fee was paid for these motions, which actually consists of three total motions. Defendant is ordered to pay two additional fees and bring proof of payment to court on the day of hearing. If the additional fees are not paid, this motion will be continued so that payment may be made. If fees are paid, Plaintiff will be ordered to serve verified responses to form interrogatories, special interrogatories, and RPDs, without objections, within ten days. CCP §§2030.290(a),(b), 2031.300(a),(b).

Sanctions are mandatory. §§2030.290(c), 2031.300(c). Defendant fails, however, to comply with CCP §2023.040, which requires the notice of motion to indicate the person, party, and/or attorney against whom sanctions are sought. The request for sanctions is therefore denied.

Defendant is ordered to give notice.

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