2017-00221923-CU-PT

Sonya Cooper vs. Hartford Underwriters Insurance Company

Nature of Proceeding: Motion to Compel Production of Documents

Filed By: Sharpe, Linda J.L.

If oral argument is requested, it shall be heard at the end of the D. 53 2:00pm calendar on Monday, February 26, 2018.

Respondent Hartford Underwriters Insurance Co.’s Motion to Compel Self-represented Claimant Sonya Cooper to Provide Responses to Requests for Production (Set Two) is unopposed and is GRANTED. The request for imposition of sanctions is denied, as the motion is not opposed. Code Civil Procedure sections 2031.300(c), 2023.030(a).

Although California Rules of Court, Rule 3.1030 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.

The written discovery was served on Sonya Cooper on May 25, 2016, no responses have been received by moving party despite several reminders to claimant.

Claimant Sonya Cooper shall serve counsel for the respondent with verified, written responses, without objections, together with all documents responsive to Requests for Production (Set Two) in her possession, custody or control, not later than Friday, March 16, 2018.