Case Number: SC125173 Hearing Date: January 17, 2018 Dept: O

SC125173

MODJESKI v. ATHLETIC GAINES, LLC ET AL.

Plaintiff John Modjeski’s Motion to Compel Further Responses is GRANTED.

ANALYSIS: Plaintiff Modjeski served Defendant Travelle Gaines with form interrogatories by mail on 12/29/16. Responses were due on 2/5/17. Responses were received on 5/8/17 but verifications were not received until 8/25/17. Plaintiff’s counsel asserts the responses were insufficient and contained meritless objections. Parties attempted to resolve the matter informally but were unable to do so. See Decl. of C. Albut, ¶¶8-18. Defendant was also unwilling to waive the statutory deadline to file this motion to compel.

Defendant seeks to compel further responses to Form Rogs 2.3-2.6 and 17.1. The responses at issue consisted of meritless objections based on relevance, boilerplate objections and incomplete responses to the subparts of Form Rog 17.1 stating “Not Applicable.” The form interrogatories at issue seek basic information relevant to this action and the subparts of Form Rog 17.1 all require substantive responses. No opposition was filed justifying or explaining the merits of these objections or partial responses. If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure to fully answer the interrogatories and RFAs. See Coy v. Sup.Ct. (Wolcher) (1962) 58 Cal.2d 210, 220–221; Fairmont Ins. Co. v. Sup.Ct. (Stendell) (2000) 22 Cal.4th 245, 255.

Defendant Gaines is ordered to serve further responses within 15 days. Defendant and Defense counsel are ordered to pay sanctions in the amount of $2100 (6 hours @ $350/hr).