On 28 February 2014, the motion of Defendant Victoria Granucci (‘Defendant”) to compel responses to form interrogatories, special interrogatories, and request for production of documents and for monetary sanctions was argued and submitted. Plaintiff M. Reuben Shekarchi (“Plaintiff”) did not file formal opposition to the motion.

I. Background

This case arises out of an alleged wrongful eviction and defamation involving Plaintiff. The complaint was filed on 21 November 2012. Defendant filed an answer on 1 August 2013.

On 1 August 2013, Defendant served form interrogatories, special interrogatories, and request for production of documents on Plaintiff. Plaintiff did not respond to the discovery requests. On 3 October 2013, Defendant sent a letter to Plaintiff advising him that all objections had been waived and requesting complete verified responses within ten days. Defendant also stated within the letter that if a motion to compel was necessary, monetary sanctions would be requested.

On 23 October 2013, Plaintiff responded by email that he did not receive the three sets of written discovery that Defendant had served upon him on 1 August 2013. On 23 October 2013, Defendant emailed copies of the three sets of written discovery. Defendant also personally placed additional copies of the three sets of written discovery in an envelope addressed to Plaintiff at his address of record and mailed the copies to Plaintiff.

On 8 November 2013, Defendant sent a letter by mail and email to Plaintiff advising him that all objections had been waived and that a motion to compel would be filed if he did not serve responses by 23 November 2013. The letter also summarized the history of Plaintiff’s receipt of multiple sets of written discovery. Additional copies of the three sets of written discovery were also attached to the 8 November 2013 email.

On 21 November 2013, Plaintiff sent an email to Defendant asking for more time to respond to the outstanding discovery requests. On that same day, Defendant responded by email that Plaintiff would have another ten days to reply to the outstanding discovery requests. On 2 December 2013, Plaintiff sent an email to Defendant stating that he had been involved in an automobile accident and that he needed several more days to comply with the request.

On 12 December 2013, Plaintiff sent an email to Defendant which detailed a communication between Plaintiff and his doctor. Since that email on 12 December 2013, Defendant has not received any communications from Plaintiff. On 20 December 2013, Defendant sent a letter to Plaintiff requesting that he provide available dates for a motion to compel. The letter also stated that if Plaintiff did not respond by 30 December 2013, the motion to compel would be set for the first available Friday in late February or March 2014. Plaintiff did not respond.

On 10 January 2014, Defendant sent a letter to Plaintiff stating that no response had been received to the 20 December 2013 letter and that the motion to compel had been set on 28 February 2014. Plaintiff did not respond.

Defendant filed the present motion on 29 January 2014. Plaintiff did not file formal opposition to the motion. To date, Plaintiff has not responded to the outstanding discovery requests.

II. Discussion

A. Motion to Compel Responses

A demand to produce documents may be propounded upon an adverse party in an attempt to seek relevant information. (Code of Civil Procedure § 2031.010.) Absent an extension granted by counsel, a party must respond to each request for the production of documents within 30 days. (Code of Civil Procedure § 2031.260.) A party who fails to timely respond to requests for production of documents waives any objections unless the Court determines that the party substantially complied or the failure to serve responses was the result of mistake, inadvertence or excusable neglect. (Code of Civil Procedure § 2031.300(a).) A code-compliant response states that the responding party will comply fully, comply partially while stating a valid reason for not fully complying, or that party will not comply while stating a valid reason for not fully complying. (Code of Civil Procedure § 2031.220; Code of Civil Procedure § 2031.230.) A party may seek a motion to compel production when the adverse party fails to respond to the request for production in a timely fashion. (Code Civ. Proc. § 2031.300(b).)

Interrogatories may be propounded upon an adverse party in an attempt to seek relevant information. (Code of Civil Procedure § 2017.010.) Absent an extension granted by counsel, a party must respond to interrogatories within 30 days. (Code of Civil Procedure § 2030.260.) An objection can constitute a response. (See Korea Data Sys. Co. v. Sup. Ct. ( 2007) 51 Cal.App.4th 1513, 1516.) A party who fails to timely respond to form interrogatories waives any objections unless the Court determines that the party substantially complied or the failure to serve responses was the result of mistake, inadvertence or excusable neglect. (Code of Civil Procedure § 2030.290(a).) A party may seek a motion to compel when the adverse party fails to respond to the interrogatories in a timely fashion. (Code of Civil Procedure § 2030.290(b).)

Here, Defendant properly served Plaintiff with the form interrogatories, special interrogatories, and requests for production of documents on 1 August 2013. To date, Plaintiff has not responded to Defendant’s demand to produce documents and form and special interrogatories. Plaintiff has also not provided a justification for the lack of response.

Accordingly, Defendant’s motion to compel responses to form interrogatories, special interrogatories, and request for production of documents is GRANTED. Plaintiff is to serve specific, code-compliant, objection-free and verified responses upon Defendant within 20 days of the date of this Order.

B. Motion for Monetary Sanctions

Code of Civil Procedure, § 2023.040 states: “A request for a sanction shall, in the notice of the motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought. The notice of motion shall be supported by a memorandum of points and authorities, and accompanied by a declaration setting forth facts supporting the amount of any monetary sanction sought.”

Defendant makes a motion for monetary sanctions. The moving papers cite Code of Civil Procedure, §§ “2030.290, and 2031.300” without reference to any subsection. Section 2030.290 (c) requires this Court to “impose a monetary sanction…against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories.” Plaintiff never opposed this motion. The appropriate citation of authority would have been Rule of Court 3.1348(a).

Accordingly, Defendant’s request for monetary sanctions is DENIED.

III. Conclusion

Defendant’s motion to compel responses to form interrogatories, special interrogatories, and request for production of documents is GRANTED. Plaintiff is to serve specific, code-compliant, objection-free and verified responses upon Defendant within 20 days of the date of this Order.

Defendant’s request for monetary sanctions is DENIED.