2017-00220215-CL-PA

Sandra Ledesma vs. Yolanda Simone Brown

Nature of Proceeding: Motion to Compel Special Interrogatories

Filed By: Vera, Hugo I.

Plaintiff Sandra Ledesma’s (“Plaintiff”) motion for an order compelling responses to special interrogatories (set one) is UNOPPOSED and is GRANTED.

Plaintiff served the discovery on March 14, 2018, but defendant Yolanda Simone

Brown (“Defendant”) did not serve any responses. Defendant has filed a notice of non-opposition to the motion.

No later than June 18, 2018, Defendant shall serve verified written responses, without objections, to the special interrogatories, set one.

Because the motion is unopposed, the request for monetary sanctions is DENIED. Although CRC 3.1348(a) purports to authorize sanctions if a 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 CRC 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.)