Case Number: BC691431 Hearing Date: January 30, 2019 Dept: 4B
[TENTATIVE] ORDER RE: DEFENDANT K.N. SOLOMON MBAGWU, M.D.’S MOTION TO COMPEL PLAINTIFF’S RESPONSES TO DISCOVERY; GRANTED
On January 25, 2018, Plaintiff Adamari Zavala (“Plaintiff”), by and through Guardian Ad Litem Adanesne Quinones filed this action against Defendant K.N. Solomon Mbagwu, M.D. (erroneously sued as Dr. K.N. Solomon, M.D.) (“Defendant”) and St. Francis Medical Center (“St. Francis”) for medical negligence. On November 28, 2018, St. Francis Medical Center filed a Notice of Bankruptcy Stay.
On June 13, 2018, Defendant served Set One of Special Interrogatories and Request for Production of Documents on Plaintiff. (Declaration of Bryan C. Misshore, ¶ 4.) On July 27, 2018, Defendant granted an extension to August 16, 2018. (Misshore Decl., ¶ 6.) On November 6, 2018, Defendant sent a letter to Plaintiff seeking responses. (Misshore Decl., ¶ 8.) To date, no acknowledgement or response has been received from Plaintiff’s counsel. (Misshore Decl., ¶ 9.) Defendant moves to compel Plaintiff’s responses and monetary sanctions.
Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.) A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work product. (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).) Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45-day time limit and the propounding party has no meet and confer obligations. (Sinaiko Healthcare Consulting, Inc., supra, 148 Cal.App.4th at p. 404.)
In opposition, Plaintiff contends this action is stayed by St. Francis’s bankruptcy proceedings. However, the bankruptcy stay is as to St. Francis only, as specified in the Notice of Stay, and therefore does not relieve Plaintiff of discovery obligations.
The Motions to compel Plaintiff’s responses to special interrogatories and requests for production of documents are GRANTED. Plaintiff is ordered to serve verified responses, without objection, to Defendant’s discovery requests within twenty (20) days of the date of this Order.
Where the court grants a motion to compel responses, sanctions shall be imposed against the party who unsuccessfully makes or opposes a motion to compel, unless the party acted with substantial justification or the sanction would otherwise be unjust. (Code Civ. Proc., § 2030.290, subd. (c), 2031.300, subd. (c).) The request for monetary sanctions is GRANTED and imposed against Plaintiff and Plaintiff’s counsel, jointly and severally, in the reduced amount of $500.00 for two hours at defense counsel’s hourly rate of $190.00 and $120.00 in filing fees, to be paid within twenty (20) days of the date of this Order.
Moving party to give notice.