Case Number: 17K07979 Hearing Date: May 22, 2018 Dept: 94

Defendant City of Burbank’s Motion to Compel Plaintiff’s Responses to Demand for Documents is GRANTED. Plaintiff is ordered to serve responses without objections within 20 days of written notice of this order.

Defendant’s Request for Sanctions is GRANTED. Plaintiff is ordered to pay sanctions in the amount of $750.00 to Defendant within 20 days of written notice of this order.

Legal Standard

A court is permitted to intervene if a party fails to timely serve responses to discovery requests. (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 a timely response to the discovery request waives any objection to the request, including one based on privilege or the protection of attorney work product. (Code Civ. Proc., §§ 2030.290(a), 2031.300(a); Sinaiko Healthcare Consulting, Inc., supra, 148 Cal.App.4th at 404.) The propounding party may move the court for orders compelling responses to interrogatories and demands for inspection. (Code Civ. Proc., §§ 2030.290(b), 2031.300(b); Sinaiko Healthcare Consulting, Inc., supra, 148 Cal.App.4th at 404.) If a propounding party moves for and obtains a court order compelling a response, the court shall impose monetary sanctions against the party failing to timely respond to interrogatories and demands for inspection unless that party acted with substantial justification or the sanction would otherwise be unjust. (Code Civ. Proc., §§ 2030.290(c), 2031.300(c); Sinaiko Healthcare Consulting, Inc., supra, 148 Cal.App.4th at 404.)

Discussion

Defendant moves to compel Plaintiff’s responses to demand for documents, set one.

Defendant served the demand for documents on Plaintiff on February 5, 2018. (See Barnes Decl., ¶ 3, Ex. A.) The responses were initially due on March 12, 2018. (See id., ¶ 3.) Defendant sent a meet and confer letter to Plaintiff on March 20, 2018, demanding Plaintiff serve her responses by March 27, 2018. (See id., ¶ 4, Ex. B.) To date, Defendant has not received any responses. (See id., ¶ 5.)

Accordingly, Defendant’s motion to compel Plaintiff’s response to demand for documents is granted.

Sanctions

Defendant requests sanctions in the amount of $1,250.00.

Defendant is entitled to sanctions pursuant to CCP sections 2023.10 and 2031.300(c). However, given that the motion is relatively basic and unopposed, the Court finds Defendant’s request is excessive. As such, Defendant is awarded sanctions in the amount of $750.00 for 1 hour spent preparing the motion and 2 hours for appearance at the hearing, calculated at a rate of $250/hr.

Moving party to give notice.