2017-00207557-CL-OR

Truck Insurance Exchange vs. Jeremie Jason Russell

Nature of Proceeding: Motion to Compel Form Interrogatories

Filed By: Leeds, David A.

Plaintiff Truck Insurance Exchange’s Motions to Compel Defendant to provide Answers to Form Interrogatories (Set One) and Responses to Request for Production of Documents (set One) is GRANTED. The request for imposition of sanctions is denied. Code Civil Procedure sections 2030.290(c), 2031.300, 2023.030(a).

The notice of motion does not provide notice of the Court’s tentative ruling system as required by with C.R.C., Rule 3.1308 and Local Rule 3.04(D). Local Rules for the Sacramento Superior Court are available on the Court’s website at Counsel for moving party is ordered to notify opposing party immediately of the tentative ruling system

and to be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 3.04(B).

Form Interrogatories and Request for Production of Documents (sets one) were served by plaintiff’s counsel on defendant Jeremie Jason Russell on Oct. 24, 2017. No responses were received by Dec. 4, 2017, when moving counsel sent a letter to the defense reflecting that all objections had been waived and granting an extension to respond without objections to Dec. 18, 2017.

On Jan. 26, 2018, after this motion to compel had been filed, counsel for the defense served a “Response” objecting on the grounds of Brigante v. Huang (1993) 20 Cal.App.4th 1569 and stating that Respondent’s whereabouts are unknown and defense counsel requests additional time in which to locate Respondent and provide verified responses.

The Declaration of Matthew Jones, counsel for defendant reflects no prior attempts to communicate with counsel for the plaintiff about his missing client, or any prior requests for extensions of time in which to respond. Although counsel for the defense provides information on past attempts to locate his client, he makes no offer of proof as to what future steps he intends to take to locate his client.

In the absence of any representations by defense counsel as to a plan for further efforts to locate the defendant, the Court declines to exercise its discretion to deny this motion to compel.

Defendant shall provide counsel for Plaintiff with verified, written answers to the First Set of Form Interrogatories and Responses to the Request for Production of Documents, without objections, together with all responsive documents in defendant’s possession, custody or control not later than Thurs., April 5, 2018.

Sanctions are denied, as the opposition is not without justification.