Case Number: BC699859 Hearing Date: February 04, 2019 Dept: 3
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT
CARYL FERNANDEZ
Plaintiff(s),
vs.
HOWARD TUNG, et al.
Defendant(s).
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Case No.: BC699859
[TENTATIVE] ORDER DENYING MOTION FOR RELIEF FROM WAIVER OF OBJECTIONS; IMPOSING SANCTIONS
Dept. 3
1:30 p.m.
February 4, 2019
History of Discovery Dispute
Plaintiff, Caryl Fernandez filed this action against Defendant, Howard Tung for damages arising out of an automobile accident. Defendant served Plaintiff with form interrogatories, special interrogatories, and production demands on 7/13/18.
Defense Counsel granted an extension of time to respond to and including 9/17/18. On 10/11/18, Plaintiff filed a substitution of attorney. The same day, Defense Counsel e-mailed Plaintiff’s new attorney and let him know that responses were overdue and objections were waived, and inquiring about the status of responses.
On 10/19/18, Plaintiff served responses to the discovery. While the responses did include substantive information, they also included objections. Defendant wrote to Plaintiff demanding objection-free responses. Plaintiff responded on 11/17/18, stating, “I want to work together on this. May I offer to pay for your filing fees and provide you with objectionless responses?” On 11/20/18, Defendant filed motions to compel.
On 12/03/18, the parties participated in an informal discovery conference. They were unable to resolve their differences. On 12/18/18, the Court granted Defendant’s motions to compel further responses to the discovery and imposed sanctions on Plaintiff and her attorney of record. The Court ordered Plaintiff to serve responses, without objections, within twenty days. Further responses, without objections, were due on or before 1/07/19.
Motion for Relief from Objections
As an initial note, Defendant timely filed and served opposition to this motion. Any reply to the opposition was due on or before 1/28/19. CCP §1005(b). Plaintiff filed a reply on 1/31/19. The Court has not considered the late-filed reply.
On 12/06/18, Plaintiff filed this motion for relief from waiver of objections. On 12/13/18, the Court denied Plaintiff’s ex parte application to shorten time for hearing on the motion. This motion is moot in light of the Court’s 12/13/18 and 12/18/18 rulings. The Court already determined that this motion need not be heard prior to or contemporaneously with the motions to compel further responses. The Court also already determined that responses, without objections, must be served; indeed, those responses were due almost a month prior to the hearing on this motion.
Defendant, in opposition to the motion, seeks imposition of sanctions against Plaintiff for wrongly maintaining the motion on calendar. Notably, any reply to the opposition was due on or before 1/28/19. The Court has not received any reply to the opposition at this time.
The Court finds imposition of sanctions is appropriate under the circumstances. CCP §2023.030. Defendant seeks sanctions in the amount of $1750. The Court has reviewed Defense Counsel’s declaration and finds the amount reasonable and supported. Plaintiff and her attorney of record, jointly and severally, are ordered to pay sanctions to Defendant, by and through his attorney of record, in the total amount of $1750, within twenty days.
Plaintiff is ordered to give notice.