Leach

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 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…