VICTOR DIZON VS. SAN FRANCISCO METROPOLITAN TRANSIT AUTHORITY ET AL

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.

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