Motion to Compel Answers to Form Interrogatories
24CV019622: DICKINSON vs ENERIO, et al. 09/11/2025 Hearing on Motion to Compel Answers to Form Interrogatories in Department 53
Tentative Ruling
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A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list.
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing
24CV019622: DICKINSON vs ENERIO, et al. 09/11/2025 Hearing on Motion to Compel Answers to Form Interrogatories in Department 53
or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporters Office and an official reporter will be provided.
The notice of motion does not provide notice of the Courts tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and/or selfrepresented litigants and advise them of Local Rule 1.06 and the Courts tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact opposing parties prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone.
Defendant Myrtel Enerios (Defendant) motion to compel Plaintiff William Dickinson (Plaintiff) to provide verified responses to form interrogatories, set one, is unopposed and GRANTED.
A party who fails to serve timely responses to interrogatories waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). (Code Civ. Proc. § 2030.290(a).) The party propounding the interrogatories may move for an order compelling response to the interrogatories. (Code Civ. Proc. § 2030.290(b).)
The evidence indicates Defendant propounded the subject discovery on January 10, 2025 and that Plaintiff failed to provide a response. (Popper Decl., ¶¶ 3, 5, Exh. A.)
Plaintiff did not file any timely opposition. 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.)
The motion to compel responses is granted. Plaintiff shall provide verified responses, without objection, no later than October 1, 2025. Defendants request for sanctions against Plaintiff is denied as the motion was unopposed.