Leach v. Superior Court

Opinion

PUGLIA, P. J.

Petitioners are defendants in a quiet title action pending in the respondent superior court. By this application for a writ of mandate, they seek review of the trial court’s order denying their mo

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tion to compel responses to interrogatories and for sanctions. Real parties in interest are plaintiffs in the trial court action. For ease of identification, the parties to this proceeding will be referred to hereinafter by their designations in the trial court.

On May 1, 1980, the underlying action was set for trial in superior court October 2, 1980. The pretrial conference order provides that discovery will remain open until 30 days prior to trial.

On June 3, 1980, within the time limits set by the pretrial order, defendants served plaintiffs with interrogatories. Plaintiffs did not answer or object to the interrogatories within the time permitted by statute (Code Civ. Proc., § 2030, subd. (a)), nor did they seek or receive an extension of time within which to respond. After expiration of the time for answers or objections, defendants’ counsel advised counsel for plaintiffs by letter dated July 9, 1980, that a motion to compel answers would be filed in the event that none were received within five days thereafter. Plaintiffs again failed to respond and defendants filed their motion to compel answers and for sanctions. The declaration in support of the motion incorporates the letter of July 9, 1980. No opposition to the motion was filed by plaintiffs.

Plaintiffs’ counsel appeared at the hearing and opposed the motion. His argument in opposition was based solely on defendants’ asserted failure to comply with rule 222.1, California Rules of Court, which provides: “A motion to compel answers or further answers to interrogatories or requests for admissions or to protect the responding party shall include a declaration stating facts to show that prior to the filing thereof counsel for the moving party made a reasonable attempt to resolve the objections and disputed issues with opposing counsel but the attempt was unsuccessful. If the court finds that there was no good reason for the refusal or failure to resolve the matter, it may order any persons at fault to pay to the moving party the amount of reasonable expenses incurred in making the motion including reasonable attorney’s fees.”