2015-00187310-CU-PA

Eric L. Lancaster vs. Anmarie Thach Sarrels

Nature of Proceeding: Motion to Compel 1. Form 2. Special 3. Production

Filed By: Alley, Ryan W.

Defendant’s motion to compel plaintiff’s responses to form and special interrogatories and to requests for production of documents is UNOPPOSED and is GRANTED IN PART, as follows.

Moving counsel failed to comply with CRC Rule 3.1110(b)(3)-(4).

Plaintiff shall provide verified responses, without objections, to defendant’s form and special interrogatories and to requests for production of documents no later than 3/29/2018 (unless defendant agrees to a later date memorialized in writing).

To the extent the motion also seeks to compel the actual production of documents in response to the requests for production, the motion is premature. A motion to compel compliance pursuant to Code of Civil Procedure §2031.320(a) is appropriate only where a responding party has agreed to produce documents but then fails to permit inspection consistent with that response. Here, the motion indicates that the responding party has not yet agreed to produce any responsive documents and therefore, he cannot yet be compelled to comply with any written responses.

Defendant’s request for monetary sanctions is denied since this motion is not opposed.

Moving counsel is advised that where discovery responses (as opposed to further responses) are sought, copies of the discovery need not be included with the motion. Proof of service is all that is required.