Motion To Compel Plaintiff'S Discovery Response To Form Interrogatories, Special Interrogatories, Demand For Inspection (Sets One); Request For Monetary Sanctions
SF Superior Court - Law & Motion / Discovery Dept 301 - CGC24615179 - August 29, 2025 Hearing date: August 29, 2025 Case number: CGC24615179 Case title: BRANDON HERRERA ARUIRRE VS. MICHAEL J. TOY ET AL Case Number: | | CGC24615179 | Case Title: | | BRANDON HERRERA ARUIRRE VS. MICHAEL J. TOY ET AL | Court Date: | | 2025-08-29 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion To Compel Plaintiff'S Discovery Response To Form Interrogatories, Special Interrogatories, Demand For Inspection (Sets One); Request For Monetary Sanctions, Memorandum Of Points & Authorities In Support Of Motion; Declaration Of Yaelle E. Gurel In Support Of Motion | Rulings: | | Matter on the Law & Motion / Discovery calendar for Friday, August 29, 2025, Line 6.
DEFENDANT MICHAEL TOY's Motion To Compel Plaintiff'S Discovery Response To Form Interrogatories, Special Interrogatories, Demand For Inspection (Sets One); Request For Monetary Sanctions.
Defendant Michael Toy's motion to compel further discovery responses is denied as moot; plaintiff Brandon Herrera Aguirre has now served responses. Toy's motion for sanctions is granted.
Discovery is intended to be self-executing. Toy granted an extension on May 2, 2025, and received no responses. Toy followed up on June 11, 2025, and June 13, 2025, without response. This motion was filed on July 28, 2025 and Herrera Aguirre's counsel provided responses to the discovery requests the same day.
On this record, the court concludes that Herrera Aguirre engaged in a misuse of the discovery process by failing to submit to an authorized method of discovery and that responses were served only because the motion was filed. The court orders plaintiff Herrera Aguirre to pay $660 to Toy within 30 days of entry of this order. (See Rule of Court 3.1348(a); Code Civ. Proc. 2023.010, subd. (d).)
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