Case Name: Stephanie Garcia vs City of San Jose
Case No.: 18CV326481

For future reference, the Court will not accept a single motion to compel further responses for four distinct types of discovery requests, plus a motion to deem requests for admissions admitted. It is difficult for the Court to follow the separate statement, particularly where the separate discovery requests are combined. Moreover, a motion to deem requests for admissions admitted shall be filed as a separate motion.

Motions to compel

Defendant filed a motion against Plaintiff Stephanie Garcia for an order to compel further responses to Statement of Damages, Form Interrogatories, Set One, Special Interrogatories, Set One, Request for production of Documents, Set One, and to deem Requests for Admissions admitted. The motion was timely served and is unopposed.

Defendant’s motion against Plaintiff Stephanie Garcia for an order to deem Requests for Admissions, Set One, admitted, is unopposed and is GRANTED. The order shall be separately stated, and specify the requests at issue in the admissions.

The motion to compel a response to Form Interrogatory no. 17.1 is DENIED, as all of the Requests for Admissions are now admitted in light of the ruling above.

Otherwise, the motion to compel further written responses to Statement of Damages, Form Interrogatories, Set One, Special Interrogatories, Set One, Request for production of Documents, Set One, and to produce responsive documents is GRANTED. Plaintiff shall be ordered to provide full and complete code-compliant responses to the identified discovery requests without objections, within 20 days after Defendant has served written notice of an order signed by the Court (a notice of ruling is not sufficient to require a response).

As to sanctions, the Court does not award sanctions for time spent and expenses not yet incurred. (See Code Civ. Proc., § 2023.030, subd. (a); Tucker v. Pacific Bell Mobile Services (2010) 186 Cal.App.4th 1548, 1551.) The declaration of counsel describing the time spent to prepare the motion does not adequately describe who actually performed the work, at what hourly rate, and the background and experience of other individuals who worked on the motion, Accordingly, the request for sanctions is DENIED as not code-compliant.

The Court will modify and sign the proposed form of order.