Motion to Compel Further Responses; Request for Special Sanctions; Order to Show Cause Re: Sanctions
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CASE NUMBER: 25CV-0208108 Tentative Ruling on Two Motions to Compel Further Responses and Request for Special Sanctions: Plaintiffs have filed two separate, but substantially similar, motions to compel further responses to Form Interrogatories, Set One, from Defendant Helix Environmental Planning, Inc., and Defendant Whitney Environmental Consulting, Inc. DBA Foothill Associates (“Whitney”). Specifically, Plaintiffs seek further responses to requests 12.1-12.7, 13.1-13.2, 14.1-14.2 and 15.1 by removing all objections and providing any resulting information previously withheld, further responses to Form Interrogatory Request 15.1 regarding Helix and Whitney’s affirmative defenses, and monetary sanctions against each Defendant in the amount of $1,050.00.
Merits. A party propounding interrogatories may move for further responses if the responses are evasive/incomplete or contain unmeritorious objections. CCP § 2030.300(a)(1) & (3). A response to interrogatories must be served within 30 days after service of the interrogatories. CCP § 2030.260. Failure to timely respond results in a waiver of objections to the interrogatories. CCP § 2030.290(a).
On December 15, 2025, Plaintiffs served Form Interrogatories, Set One, on each Defendant. No responses were provided within the statutory time required. On January 20, 2026, Defendants advised they would provide responses by February 3, 2026. No responses were provided on that date. On February 25, 2026, Defendants requested additional time to respond and the parties agreed to the date of March 11, 2026. No responses were provided on that date. On March 17, 2026, Plaintiffs’ counsel sent a meet and confer letter to Defendants requesting verified responses no later than March 19, 2026, or motions to compel would be filed and sanctions sought.
Defendants replied that responses would be provided by March 20, 2026. No responses were provided on that date. On March 23, 2026, Defendants responded to the Form Interrogatories, Set One. Plaintiffs sent a meet and confer letter on April 22, 2026, addressing deficiencies related to the objections and request 15.1, and requested further responses no later than April 28, 2026. Defendants responded stating they would provide further responses by May 5, 2026, but maintained they were permitted the objections.
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No further responses have been provided. The Declaration of Estee Lewis establishes that sufficient efforts were made to meet and confer.
Plaintiffs have established that objections are waived and the responses to requests 15.1 are evasive or incomplete. The requests were made in good faith and the information sought is relevant. Defendants have not opposed the motion.
Sanctions. The imposition of sanctions is mandatory under CCP § 2030.300(d) unless the party subject to sanctions acted with substantial justification or other circumstances would make the imposition of sanctions unjust. Defendants have failed to show substantial justification for their delay in providing further responses to the discovery request.
Plaintiffs request $1050.00 from each Defendant in attorney fees for bringing this motion. The Court finds the hourly rate requested and time spent reasonable. In addition to preparation of the motion, Plaintiffs request additional attorney fees of $700.00 to draft a reply and attend the hearing. Although Plaintiffs filed replies, Defendant did not file an opposition therefore no replies were necessary. The Court will reduce this request by one hour. Sanctions will be imposed against each Defendant in the amount of $875.00.
Both of Plaintiffs’ Motions to Compel Further Responses are GRANTED. Defendant Helix Environmental Planning, Inc., and Defendant Whitney Environmental Consulting, Inc. DBA Foothill Associates are each ordered to provide further responses within 15 days of notice of entry of order to requests 12.1-12.7, 13.1-13.2, 14.1-14.2 and 15.1 by removing all objections and providing any information previously withheld based on any objection and further responses to request 15.1 regarding affirmative defenses. Sanctions are imposed against each Defendant in the amount of $875.00. Sanctions are payable within 30 days of notice of entry of order. Two proposed orders have been lodged and will be modified to reflect the Court’s ruling.
ROBINSON, ET AL. VS. THE STATE OF CALIFORNIA, ET AL. CASE NUMBER: 25CV-0208108 Tentative Ruling on Order to Show Cause Re: Sanctions: An Order to Show Cause Re: Sanctions (“OSC”) issued on May 15, 2026, to all Defendants and their respective counsel for failure to appear on May 11, 2026, as ordered on February 4, 2026. Defendant City of Anderson has filed an adequate response to the OSC. The OSC is DISCHARGED as to Defendant City of Anderson only. Defendants Helix Environmental Planning, Inc. and Whitney Environmental Consulting, Inc.
DBA Foothill Associates have not filed a response to the OSC. Sanctions will be imposed in the amount of $250 against each Defendant and their counsel. The clerk is instructed to prepare a separate Order of Sanctions for Helix Environmental Planning, Inc. and Whitney Environmental Consulting, Inc. DBA Foothill Associates. The matter is also set for a review hearing regarding trial setting today at 9:00 a.m.
ROCKY TOP RENTALS, LLC VS. VAN NORMAN ERICKSON, ET AL.