2016-00205405-CU-MC

Robert Michael Wiegand vs. National Enterprise Systems, Inc.

Nature of Proceeding: Motion to Compel 1. Form 2. Special 3. Production 4. Admissions

Filed By: Salmonsen, Matthew C.

Plaintiff’s Motion to Compel Defendant to provide Further Answers to Form and Special Interrogatories and Further Responses to Requests for Production (Sets One) is unopposed and is GRANTED. The request for imposition of sanctions is denied, as the motion is not opposed. Code Civil Procedure sections 2030.300(d), 2031.310(d), 2023.030(a).

Although California Rules of Court, Rule 3.1348 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’s Motion for Order Compelling Defendant’s Further Responses to Requests for Admissions is also unopposed and is GRANTED. The request for imposition of sanctions is also GRANTED. Code of Civil Procedure section 2033.290.

Defendant shall provide counsel for the plaintiff with verified, further written answers to form and special interrogatories, further responses to the requests for admissions and a verified, further response to the request for production, and produce all responsive documents, in his possession, custody or control, not later than Monday, January 22, 2018.

Sanctions in the amount of $410.00, representing reasonable attorneys’ fees (one hour at $350/hour) together with the $60 filing fee, for the requests for admissions only, shall be paid by defendant to counsel for moving party not later than Tuesday, Feb. 13, 2018. Code Civil Procedure section 2033.290(d).