Case Number: 13CM0095    Hearing Date: September 09, 2014    Dept: 77

Following are nine grants of defense motions to compel documentary discovery and three denials of defense motions to compel depositions.

Defendant Jaime Arciniega’s Motion to Compel Responses to Form Interrogatories; Request for Sanctions is GRANTED. CCP § 2030.290. Plaintiff Jasmine Adeline Alonza is ordered to serve verified responses to defendant’s Form Interrogatories, without objections, within 20 days. The Court finds plaintiff’s failure to respond a misuse of the discovery process. CCP § 2023.010(d). Plaintiff Jasmine Adeline Alonza is ordered to pay sanctions to defendant and his attorney in the amount of $210 within 30 days. CCP § 2023.030.

Defendant Jaime Arciniega’s Motion to Compel Responses to Special Interrogatories; Request for Sanctions is GRANTED. CCP § 2030.290. Plaintiff Jasmine Adeline Alonza is ordered to serve verified responses to defendant’s Special Interrogatories, without objections, within 20 days. The Court finds plaintiff’s failure to respond a misuse of the discovery process. CCP § 2023.010(d). Plaintiff Jasmine Adeline Alonza is ordered to pay sanctions to defendant and his attorney in the amount of $210 within 30 days. CCP § 2023.030.

Defendant Jaime Arciniega’s Motion to Compel Responses to Demand for Production of Documents; Request for Sanctions is GRANTED. CCP § 2031.300. Plaintiff Jasmine Adeline Alonza is ordered to serve verified responses to defendant’s Document Demands, without objections, within 20 days. The Court finds plaintiff’s failure to respond a misuse of the discovery process. CCP § 2023.010(d). Plaintiff Jasmine Adeline Alonza is ordered to pay sanctions to defendant and his attorney in the amount of $210 within 30 days. CCP § 2023.030.

Defendant Jaime Arciniega’s Motion to Compel Responses to Form Interrogatories; Request for Sanctions is GRANTED. CCP § 2030.290. Plaintiff Virginia Navarro is ordered to serve verified responses to defendant’s Form Interrogatories, without objections, within 20 days. The Court finds plaintiff’s failure to respond a misuse of the discovery process. CCP § 2023.010(d). Plaintiff Virginia Navarro is ordered to pay sanctions to defendant and his attorney in the amount of $210 within 30 days. CCP § 2023.030.

Defendant Jaime Arciniega’s Motion to Compel Responses to Special Interrogatories; Request for Sanctions is GRANTED. CCP § 2030.290. Plaintiff Virginia Navarro is ordered to serve verified responses to defendant’s Special Interrogatories, without objections, within 20 days. The Court finds plaintiff’s failure to respond a misuse of the discovery process. CCP § 2023.010(d). Plaintiff Virginia Navarro is ordered to pay sanctions to defendant and his attorney in the amount of $210 within 30 days. CCP § 2023.030.

Defendant Jaime Arciniega’s Motion to Compel Responses to Demand for Production of Documents; Request for Sanctions is GRANTED. CCP § 2031.300. Plaintiff Virginia Navarro is ordered to serve verified responses to defendant’s Document Demands, without objections, within 20 days. The Court finds plaintiff’s failure to respond a misuse of the discovery process. CCP § 2023.010(d). Plaintiff Virginia Navarro is ordered to pay sanctions to defendant and his attorney in the amount of $210 within 30 days. CCP § 2023.030.

Defendant Jaime Arciniega’s Motion to Compel Responses to Form Interrogatories; Request for Sanctions is GRANTED. CCP § 2030.290. Plaintiff Vicky Ornelas is ordered to serve verified responses to defendant’s Form Interrogatories, without objections, within 20 days. The Court finds plaintiff’s failure to respond a misuse of the discovery process. CCP § 2023.010(d). Plaintiff Vicky Ornelas is ordered to pay sanctions to defendant and his attorney in the amount of $210 within 30 days. CCP § 2023.030.

Defendant Jaime Arciniega’s Motion to Compel Responses to Special Interrogatories; Request for Sanctions is GRANTED. CCP § 2030.290. Plaintiff Vicky Ornelas is ordered to serve verified responses to defendant’s Special Interrogatories, without objections, within 20 days. The Court finds plaintiff’s failure to respond a misuse of the discovery process. CCP § 2023.010(d). Plaintiff Vicky Ornelas is ordered to pay sanctions to defendant and his attorney in the amount of $210 within 30 days. CCP § 2023.030.

Defendant Jaime Arciniega’s Motion to Compel Responses to Demand for Production of Documents; Request for Sanctions is GRANTED. CCP § 2031.300. Plaintiff Vicky Ornelas is ordered to serve verified responses to defendant’s Document Demands, without objections, within 20 days. The Court finds plaintiff’s failure to respond a misuse of the discovery process. CCP § 2023.010(d). Plaintiff Vicky Ornelas is ordered to pay sanctions to defendant and his attorney in the amount of $210 within 30 days. CCP § 2023.030.

Defendant Jaime Arciniega’s Motions to Compel Plaintiffs to Attend Deposition; Request for Sanctions are DENIED. CCP § 2025.450.

Per CCP § 2025.450(b)(1), “if, after service of a deposition notice, a party to the action … fails to appear for examination, or to proceed with it, … the party giving the notice may move for an Order compelling the deponent¿s attendance and testimony…” No meet and confer is required where the deponent “fails to attend the deposition and produce documents described in the deposition notice.” In such cases, all that is required is a declaration by the moving party that he or she has contacted the deponent “to inquire about the nonappearance.” CCP § 2025.450(b)(2). Pursuant to CCP § 2025.450(b)(2) the “motion has to set forth specific facts showing good cause justifying the production for inspection of any document or tangible thing described in the deposition notice, and … when the deponent fails to attend the deposition and produce the document or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.” Implicit in the requirement that counsel contact the deponent to “inquire” about the nonappearance is a requirement that counsel listen to the reasons offered and make a good faith attempt to resolve the issue by rescheduling the deposition. Leko v. Cornerstone Building Inspection Service, (2001) 86 Ca.4th 1109, 1124.

Here, the declarations filed in support of the motions do not state that defense counsel made a good faith attempt to resolve the issues presented in these motions by rescheduling the depositions. Accordingly, on this ground alone these motions are denied. CCP § 2025.450(b)(2).

Moving party to give notice.