Case Number: BC664324 Hearing Date: March 07, 2018 Dept: 58

Hearing Date: March 7, 2018

Calendar No: 9

Case Name: Abarca, et al. v. Alvarenga, et al.

Case No.: BC664324

Motion: Motion to Compel

Moving Party: Defendant Nelson Alvarenga

Opposing Party: Plaintiff Noe Del Transito Abarca

Tentative Ruling: The Motion is granted in part.

Defendant Nelson Alvarenga moves to compel further responses as to form interrogatories, set one, served on Plaintiff Noe Del Transito Abarca. Defendant contends the responses provided are incomplete and evasive.

Plaintiff provided supplemental responses to the interrogatories at issue on October 20, 2017. Normally, such would make the Motion moot. However, given that the Aril 30, 2018, trial date looms, the Court has reviewed the supplemental responses. The Motion is granted as to form interrogatories nos. 8.7, 8.8, 9.1, 17.1, 50.1, 50.2, 50.3, and 50.4. This is because the responses to such interrogatories are evasive, merely making references to the complaint and stating that documents “speak” for themselves. Additionally, the interrogatories seek the amount of damages incurred by Plaintiff, but Plaintiff continuously asserts that damages will be calculated at a later time, provides an average loss, and states that damages “may well exceed” some figure. At no time does Plaintiff provide his damages to date as requested. These answers are inappropriate. (Code Civ. Proc. § 2030.220 [“Each answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.”].) Plaintiff is to provide further responses within twenty days of this Order.

The Court awards Defendant’s requested $1,810 in sanctions as there was no substantial justification for Plaintiff’s opposition.