2012-00132579-CU-PA

Porshia R. Shields vs. Dish Network California Service Corp

Nature of Proceeding: Motion to Compel 1. Admissions 2. Form Interrogatories

Filed By: Brady, Steven J.

Plaintiff’s Motion to Compel Further Responses to Requests for Admissions (Set 1)
and Form Interrogatories (Set 2) is GRANTED in part and DENIED in part. Plaintiff’s
request for imposition of sanctions is granted. Defendant’s cross-request for
imposition of sanctions is DENIED. The complaint, filed Sept. 26, 2012 and served in Dec. 2012, alleges plaintiff incurred
personal injuries and lost income from a motor vehicle accident with Alexander
Konyshev which occurred on Nov. 4, 2010. Konyshev is alleged to be an employee of
defendant Dish.

Plaintiff served Form Interrogatories (Set 1) on Feb. 26, 2013 and Requests for
Admission and Form Interrogatories (Set 2) on April 29, 2013 on defendant Dish.
Timely responses were served, asserting responding party lacks sufficient information
to respond, despite the almost three years since the accident and more than a year
since the filing of the complaint.

Requests for Admission

Dish shall provide Further Responses to Requests for Admission nos. 3, 4 and 5.

C.C.P., sec. 2033.220 (c) provides: “If a responding party gives lack of information or
knowledge as a reason for a failure to admit all or part of a request for admission, that
party shall state in the answer that a reasonable inquiry concerning the matter in the
particular request has been made, and that the information known or readily obtainable
is insufficient to enable that party to admit the matter.”

Responding party has failed to state in its answers to Requests 3-5 that a reasonable
inquiry has been made.

Defendant Dish shall also provide a further response to Request no. 6, despite its
objection that “injured” is vague, ambiguous and overbroad.

C.C.P., sec. 2033.220 (b)(1) requires that the responding party “Admit so much of the
matter involved in the request as is true, either as expressed in the request itself or as
reasonably and clearly qualified by the responding party.”

The Court does not find that “injured” is vague, ambiguous and overbroad in the
context of an auto accident.

Form Interrogatories

Dish shall provide Further Responses to Form Interrogatory 17.1 as to Requests for
Admission nos. 3, 4, 5 and 6.

As apparently Dish disclosed in meet and confer that its employee, Alexander
Konyshev is no longer in Dish’s employ, plaintiff is entitled to this factual information
under oath and any other relevant facts, persons and documents.

Dish shall not provide Further Responses to Form Interrogatory 15.1, as moving
party’s Separate Statement failed to correctly quote the responses by defendant, as
required by California Rules of Court, Rule 3.1345.

Moving party’s requests for monetary sanctions against defendant Dish is GRANTED,
in the amount of $510.00 representing three hours of attorneys’ fees at $150/hour and
the filing fee of $60. Sanctions shall be paid to plaintiff’s counsel not later than Friday,
Nov. 15, 2013. If the sanctions have not been paid by that date, plaintiff may prepare a
formal order for the sanctions award, which may be enforced as a separate judgment.
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Newland v Superior Court (1995) 40 Cal.App.4 608, 615.

Defendant shall serve further responses in compliance with this order not later than
Friday, October 25, 2013.

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