2016-00194175-CU-PA

Mary Alice Rogers vs. Summer Angel Ramirez

Nature of Proceeding: Motion to Compel 1) Form Interrogatories 2) Special Interrogatories 3)

Filed By: Koyama, Julie K.

Intervenor CSAA Insurance Exchanges’s Motion to Compel Verified Responses from self represented plaintiff Mary Alice Rogers to Form Interrogatories, Special Interrogatories, and Requests for Production is granted.

The plaintiff filed a late opposition on February 15, 2018. There is no proof of service attached to the opposition. It is therefore not being considered. The only document served was a Notice and Acknowledgment of Receipt. The court notes that the opposition does not address the issues raised in the motion.

Plaintiff is ordered to serve verified responses without objections to the Form Interrogatories, Special Interrogatories, and Requests for Production on or before March 5, 2018. Sanctions are denied for this part of the motion 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 Motion to Compel Deposition of Plaintiff Mary Alice Rogers is unopposed and is granted. Plaintiff Mary Alice Rogers is ordered to appear at her deposition on

March 27, 2018 at 1:00 p.m. at the Law Offices of Carbone, Smoke, Smith, Bent & Leonard, 1610 Arden Way, Suite 190, Sacramento CA 95815 or any other date the parties agree on after meeting and conferring.

Plaintiff’s Deposition was noticed for December 11, 2017. Plaintiff did not appear for her deposition and did not respond to defendant’s counsel’s efforts to reschedule her deposition. Intervenor seeks sanctions pursuant to CCP 2025.450(g). Moving party seeks two hours of time for preparation of the entire motion. Since the motion to compel written discovery was unopposed, no sanctions are awarded for that portion of the motion. However, sanctions are awarded for the motion to compel deposition. Sanctions in the amount of $210 (one hour of attorney time and filing fee for one motion) are to be paid by plaintiff to the Intervenor for failure to appear at her deposition.