2018-00228661-CU-MC

Michelle Sandford vs. Anthony Graham

Nature of Proceeding: Motion to Compel 1) Form 2) Special 3) Admissions 4) Production

Filed By: Rosenberg, Sid

Defendant Anthony Graham’s unopposed motion to compel discovery responses and for an order deeming matters in request for admissions is granted as set forth below.

Interrogatories and Request for Production

The motion is granted.

No later than January 29, 2019, self-represented Plaintiff Michelle Sandford shall serve verified responses, without objections, to Defendant’s form and special interrogatories (sets one) and requests for production (set one).

Defendant’s request for sanctions in connection with the motion to compel responses

is denied as the motion was unopposed. Although California Rules of Court, Rule

3.1348 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.

Request for Admissions

Defendant’s unopposed motion to deem matters in the requests for admission admitted is granted, unless Plaintiff Michelle Sandford serves, “before the hearing on the motion,” proposed responses that are in substantial compliance with CCP § 2033.220. (CCP § 2033.280(c).)

Defendant’s request for mandatory monetary sanctions is connection with the motion to deem matters admitted is denied. The notice of motion does not comply with CCP § 2023.040. “A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanctions sought.” (CCP § 2023.040.) The notice states that Defendant requests a monetary sanction in the amount of “$0.00.” While a specific dollar amount is discussed in the memorandum of points and authorities, the notice specifically requests $0.

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or other notice is required.