Notice Of Motion And Motion To Compel Responses To Special Interrogatories, To Deem All Objections Waived, And For Monetary Sanctions Form Plaintiff'S Counsel Of Record
Set for Law and Motion/Discovery Calendar on Wednesday, February 18, 2026, Line 8. Defendant Jeffrey B. Neustadt's Motion To Compel Responses To Special Interrogatories, To Deem All Objections Waived, And For Monetary Sanctions Form Plaintiff's Counsel Of Record is GRANTED IN PART AND DENIED IN PART.
The discovery requests at issue appear reasonably calculated to lead to the discovery of admissible evidence. (See Code of Civil Procedure section 2017.010.) Plaintiff has not established that he provided timely responses to the interrogatories. No meet and confer requirement exists for motions to compel responses for Interrogatories when no responses have been provided. (Code of Civil Procedure section 2030.290.) Plaintiffs, however, met and conferred.
Plaintiff however provided responses and amended responses after Defendant filed his motion. The responses and amended responses appear to comply materially with the relevant Code provisions. And, contrary to Defendant's representation in his reply, Plaintiff's responses and amended responses are free of any material objection. On this record, the court declines to compel responses and the request to order objections waived is denied as moot.
Defendant contends that Plaintiff's responses are inadequate and/or non-compliant. The court finds the responses appear adequate and compliant. Any request to compel further responses must be made in an appropriately supported motion.
The court does not find Plaintiff Michael Zerbe and counsel Peter Johnson and Law Offices of Johnson & Johnson acted with substantial justification when they failed to provide timely responses. Plaintiff Michael Zerbe and counsel Peter Johnson and Law Offices of Johnson & Johnson, jointly and severally, shall pay to Defendant Jeffrey B. Neustadt, $110 as sanctions, payment no later than 15 court days after notice of this order. (See Code of Civil Procedure sections 2023.010, 2023.030, 2030.290(c).)
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