Case Number: BC633941 Hearing Date: June 25, 2019 Dept: 4B
[TENTATIVE] ORDER RE: DEFENDANTS’ MOTION TO COMPEL PLAINTIFFS’ RESPONSES TO DISCOVERY AND REQUEST FOR MONETARY SANCTIONS
On September 13, 2016, Plaintiffs Julie Anne Hollowell and Mohammad Hosain Salami (collectively, “Plaintiffs”) filed this action against Defendants David Valdivia and Maria Valdivia (collectively, “Defendants”) for motor vehicle negligence arising out of a September 15, 2014 accident. On January 3, 2019, Defendants served Set One of Form Interrogatories and Request for Production of Documents on each Plaintiff. (Declaration of Heather M. Roth, ¶ 2.) On February 22, 2019, defense counsel sent Plaintiffs’ counsel a letter regarding the outstanding discovery and providing an extension until March 1, 2019. (Roth Decl., ¶ 4.) To date, Plaintiffs have not served any responses to Defendants’ discovery requests. (Roth Decl., ¶ 5.) Defendants move to compel Plaintiffs’ responses and to impose 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; Sinaiko 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.)
Plaintiffs filed no opposition to these Motions and it is undisputed they failed to serve timely responses to Defendants’ discovery requests. Accordingly, these Motions to compel are GRANTED and Plaintiffs are ordered to provide verified responses, without objection, to Defendants’ Form Interrogatories and Request for Production of Documents 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 requests for monetary sanctions are GRANTED and imposed against Plaintiff Hollowell and her counsel, jointly and severally, in the reduced amount of $407.50 for two hours at defense counsel’s hourly rate of $143.75 and $120.00 in filing fees, to be paid within twenty (20) days of the date of this Order, and against Plaintiff Salami and his counsel, jointly and severally, in the reduced amount of $407.50 for two hours at defense counsel’s hourly rate of $143.75 and $120.00 in filing fees, to be paid within twenty (20) days of the date of this Order,
Moving party to give notice.