In the early stages of the discovery process, the two parties exchange information and evidence.
The most important information sought in California state court actions is complete answers to Form Interrogatory No. 15.1 which requires the opposing party to state all facts that support their claims or defenses, all persons with knowledge, and all documents that support their claims or defenses.
A Sherman Law Corporation Client who was the plaintiff brought a malicious prosecution action against Defendant after prevailing on an 8 year underlying action.
Plaintiff contended that Defendant maliciously prosecuted the underlying action without probable cause and with malice resulting in monetary damages in the form of attorneys’ fees defending the underlying action.
Plaintiff requested a complete response to Form Interrogatory No. 15.1 and corresponding Request for Production of Document from Defendant in the malicious prosecution action.
Defendant provided vague responses that were refuted by the evidence which included 3 judgments evidencing malice and lack of probable cause and refused to comply with repeated requests to supplement her responses and production.
Plaintiff’s Motions to Compel Information Relied upon to Support Affirmative Defenses to Malicious Prosecution Complaint.
SLC filed two Motions to Compel, asking the court to not only order full compliance with Form Interrogatory No. 15.1 and the corresponding Request for Production of Documents supporting Defendant’s defenses to the malicious prosecution case, but also sought monetary sanctions for Defendant’s unjustifiable opposition to compliance.
After hearing oral arguments from both sides, the Hon. Upindra Kaldra issued a tentative ruling on the morning of June 20, 2022 in Plaintiff’s favor.
The ruling was finalized in our Client’s favor later that day: Both Motions to Compel Further were granted in full, meaning that the Defendant was ordered to fully supplement her responses and production and pay over $10,000 in monetary sanctions.