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Notice Of Motion To Compel Plaintiffs Responses To First Set Of Special Interrogatories And First Set Of Requests For Production Of Documents
Matter on the Law & Motion / Discovery calendar for Wednesday, September 17, 2025, Line 5. DEFENDANT CITY AND COUNTY OF SAN FRANCISCO's Motion To Compel Plaintiff's Responses To First Set Of Special Interrogatories And First Set Of Requests For Production Of Documents.
The City and County of San Francisco's motion for an order compelling responses to its requests for production of documents and special interrogatories, and for sanctions, is granted. The City demonstrates that it served the discovery on plaintiff Victor Dizon, who did not timely respond. (See Giarratano Dec., paras. 3-4, 8, 11 & Exs. A-B & E.) By failing to timely respond to the discovery, Dizon has waived any objections. (Code Civ. Proc., sections 2030.290, subd. (a), & 2031.300, subd. (a).)
In addition, the relevant discovery statutes provide for sanctions for a party who unsuccessfully opposes a motion to compel unless the court finds substantial justification for the party's discovery position or that other circumstances make imposition of the sanction unjust. (Id., sections 2030.290, subd. (c), & 2031.300, subd. (c).) Sanctions are appropriate on a discovery motion where the objecting party does not act with substantial justification in its discovery compliance, even where the party does not oppose the motion. (See Rule of Court 3.1348(a).) The court does not find substantial justification or injustice here.
The court orders Dizon to provide objection-free, verified responses to the first set of requests for production and first set of special interrogatories within 15 days of entry of this order. Dizon is further ordered to pay sanctions of $750 to the City within 30 days of entry of this order.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
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The court no longer provides a court reporter in the Law & Motion or Discovery Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(301/CVA) | |