2018-00228617-CU-WT

Amanda Gomez vs. Community Psychiatry Management, LLC

Nature of Proceeding: Motion to Compel Form Interrogatories – General

Filed By: Louderback, Alexandra M.

Defendant’s Motion to Compel Responses to Form Interrogatories, General, is unopposed and is granted.

Plaintiff is ordered to provide verified responses, without objections, on or before March 14, 2019.

Sanctions are denied because the motion was not opposed. Although CRC 3.1348(a) purports to authorize sanctions if a motion is unopposed, the Court declines to do so, as the specific statutes governing this discovery (CCP 2030.290(c), 2031.300(c)) authorize sanctions only if the motion was unsuccessfully made or opposed. Any order imposing sanctions under the CRC 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.

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

Item 7 2018-00228617-CU-WT

Amanda Gomez vs. Community Psychiatry Management, LLC

Nature of Proceeding: Motion to Compel Production of Documents

Filed By: Louderback, Alexandra M.

Defendant’s Motion to Compel Responses to Requests for Production is unopposed and is granted.

Plaintiff is ordered to provide verified responses, without objections, on or before March 14, 2019.

Sanctions are denied because the motion was not opposed. Although CRC 3.1348(a) purports to authorize sanctions if a motion is unopposed, the Court declines to do so, as the specific statutes governing this discovery (CCP 2030.290(c), 2031.300(c)) authorize sanctions only if the motion was unsuccessfully made or opposed. Any order imposing sanctions under the CRC 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.

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

Item 8 2018-00228617-CU-WT

Amanda Gomez vs. Community Psychiatry Management, LLC

Nature of Proceeding: Motion to Compel Form Interrogatories – Employment Law

Filed By: Louderback, Alexandra M.

Defendant’s Motion to Compel Responses to Form Interrogatories, Employment Law, is unopposed and is granted.

Plaintiff is ordered to provide verified responses, without objections, on or before March 14, 2019.

Sanctions are denied because the motion was not opposed. Although CRC 3.1348(a) purports to authorize sanctions if a motion is unopposed, the Court declines to do so, as the specific statutes governing this discovery (CCP 2030.290(c), 2031.300(c)) authorize sanctions only if the motion was unsuccessfully made or opposed. Any order imposing sanctions under the CRC 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.

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

Item 9 2018-00228617-CU-WT

Amanda Gomez vs. Community Psychiatry Management, LLC

Nature of Proceeding: Motion to Compel Plaintiff’s Deposition

Filed By: Louderback, Alexandra M.

Defendant’s Motion to Compel Plaintiff’s deposition is unopposed and is granted.

Sanctions are ordered to be paid by plaintiff to defendant in the reasonable amount of $600 (2 hours at $270 plus $60 filing fee) for failure to appear at her duly noticed deposition. CCP 2025.450(g)

The Court is not ordering self-represented plaintiff to produce documents listed in the deposition notice since this relief was not sought in the notice of motion.

The parties are ordered to meet and confer to determine a date, time, and place for the deposition to take place within the next 30 days. If the plaintiff fails to respond to meet and confer efforts the defendant may serve a notice of deposition on the date desired by defendant within the notice requirements of CCP 2025.210(b).

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