Case Number: VC066650 Hearing Date: May 31, 2018 Dept: SEC

QUALITY EMPLOYMENT & MULTI SERVICES, INC. v. SUNRISE LUXURY LIVING ROOMS

CASE NO.: VC066650

HEARING: 05/31/18

JUDGE: LORI ANN FOURNIER

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TENTATIVE ORDER

Plaintiff’s unopposed motion to compel Defendant SUNRISE LUXURY LIVING ROOM, INC.’s responses to form interrogatories (set one) is GRANTED. CCP §2030.290.

Plaintiff’s unopposed motion to compel Defendant SUNRISE LUXURY LIVING ROOM, INC.’s responses and production to request for production of documents (set one) is GRANTED. CCP § 2031.300

Defendant SUNRISE LUXURY LIVING ROOMS, INC. is ORDERED to pay Plaintiff and its counsel of record, sanctions in the total amount of $470.00 ($350/hr. x 1 hr.) + ($120 filing fee) no later than 15 days from the Court’s issuance of this Order.

Defendant SUNRISE LUXURY LIVING ROOMS, INC. is ORDERED to provide verified responses and documents to Form Interrogatories (Set One); and Request for Production of Documents (Set One) without objection by Friday, June 15, 2018. This date may be extended pursuant to agreement of the parties.

Moving Party to give Notice.

No Opposition filed as of May 30, 2018.

If a party to whom interrogatories and document demands are directed fails to respond at all, the propounding party’s remedy is to seek a court order compelling answers thereto. (CCP §§ 2030.290, 2031.300.) All that needs to be shown is that the discovery was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. The moving party is not required to show a reasonable and good faith attempt to resolve the matter informally before filing this motion. The failure to timely respond also waives all objections.

Here, Plaintiff has shown that Form Interrogatories (set one) and Requests for Production of Documents were properly served on Defendant SUNRISE LUXURY LIVING ROOMS, INC. on January 12, 2018. The deadline to respond has expired, and no responses of any kind have been provided. Plaintiff filed these motions on March 22, 2018. As of May 30, 2018, Defendant SUNRISE LUXURY LIVING ROOMS, INC. has not filed an Opposition to Plaintiff’s motions. Therefore, the Motions to Compel are granted, and Defendant SUNRISE LUXURY LIVING ROOMS, INC. is ordered to provide verified responses and documents without objection. If any objections are asserted, it will be tantamount to no response at all and will be deemed a violation of this Court’s order.

“The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.” (C.R.C. Rule 3.1348(a).)

Defendant SUNRISE LUXURY LIVING ROOMS, INC. does not oppose the instant motions to compel. As such, there is nothing to show that SUNRISE LUXURY LIVING ROOMS, INC. acted with substantial justification and the Court knows of no other circumstances which would make the imposition of sanctions unjust. Therefore, Plaintiff’s request for monetary sanctions is granted as set forth above.