2018-00232317-CU-FR

Melanie Bass vs. Babak Bobby Saadian

Nature of Proceeding: Motion to Compel Special Interrogatories

Filed By: Frumkin, Allan R.

Plaintiff Melanie Bass’ unopposed motion to compel Defendants’ further responses to special interrogatories is granted.

The motion was originally set for October 25, 2018. Defendants filed an objection on the basis of insufficient notice. A tentative ruling was posted dropping the matter for defective service. However the Court received a continuance request and thus vacated the previous ruling and the matter was continued to today’s date. Defendants did not file any substantive opposition after the matter was continued.

No later than December 3, 2018, Defendants shall serve further verified responses to Plaintiff’s special interrogatories (set one) as requested in the moving papers.

Plaintiff’s request for sanctions is denied as the motion was unopposed on the merits. Although California Rules of Court, Rule 3.1348 purports to authorize sanctions if the motion is unopposed, the Court declines to do so, as the specific statutes governing this discovery authorize sanctions only if the motion was unsuccessfully made or opposed. Any order imposing sanctions under the C.R.C. 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.