Motion to Compel Responses to Form Interrogatories General Set One
23CV012694: ARORA SOLUTIONS, LLC vs DE LIMA 04/17/2025 Hearing on Motion to Compel Responses to Form Interrogatories General Set One in Department 53
Tentative Ruling
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23CV012694: ARORA SOLUTIONS, LLC vs DE LIMA 04/17/2025 Hearing on Motion to Compel Responses to Form Interrogatories General Set One in Department 53
or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING: Plaintiff Arora Solutions, LLCs unopposed motion to compel Defendant Matt De Limas responses to form interrogatories is granted.
No opposition to the motion was filed. A partys failure to oppose a motion is construed as a concession on the merits of the motion. (See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)
No later than May 1, 2025, Defendant Matt De Lima shall serve verified responses, without objections, to Plaintiffs form interrogatories (set one).
Plaintiffs request for sanctions is denied as the motion was unopposed. 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.)
Plaintiff also indicates that sanctions are still appropriate under CCP § 2023.010, which sets forth examples of a misuse of the discovery process. CCP § 2023.010 does not authorize sanctions on its own. CCP § 2023.030 sets forth available sanctions for misuse of discovery. CCP § 2023.030(a) states that the Court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct. The Court simply notes that CCP § 2023.030(a) states that the Court 'may' impose sanctions for a misuse of the discovery process to the extent authorized by the chapter governing any particular discovery method or any other provision of this title, but that the more specific statute governing the instant motion, CCP § 2030.290 only permits sanctions if the motion was made or opposed without substantial justification.
Plaintiff further cites to CCP § 2023.020 as a basis for sanctions. CCP § 2023.020
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
23CV012694: ARORA SOLUTIONS, LLC vs DE LIMA 04/17/2025 Hearing on Motion to Compel Responses to Form Interrogatories General Set One in Department 53
provides that [n]otwithstanding the outcome of the particular discovery motion, the court shall impose a monetary sanction ordering that any party or attorney who fails to confer as required pay the reasonable expenses, including attorneys fees, incurred by anyone as a result of that conduct. However, the parties are not required to meet and confer in advance of the fling of a motion to compel initial responses. (See Leach v. Superior Court (1980) 111 Cal.App.3d 902. 906 [Where no objections have been made within the statutorily permitted time, they are deemed waived. There is thus nothing to resolve . . . .] [referencing meet-and-confer requirement in former California Rule of Court, rule 222.1].) Thus CCP § 2023.020 does not apply to this motion.
The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.