Case Number: BC655719 Hearing Date: June 04, 2018 Dept: 7

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION FOR ORDER COMPELLING RESPONSES TO DISCOVERY AND IMPOSING MONETARY SANCTIONS; MOTION GRANTED

On March 29, 2017, Plaintiff Narann Chak (“Plaintiff”) filed this action against Defendants Farzaneh Zomorodi, Robert Vahedi, and Farzaneh Vahedi for damages arising out of a November 9, 2015 automobile accident.

On September 25, 2017, Defendant Farzaneh Vahedi, also sued as Farzaneh Zomorodi (“Defendant”), served special interrogatories, form interrogatories, and request for production of documents on Plaintiff. (Declaration of Terry L. Gimenez, ¶ 3.) Plaintiff failed to serve timely responses. (Gimenez Decl., ¶ 6.) Defendant moves to compel Plaintiff’s responses to discovery and monetary sanctions.

Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code of Civ. Proc., §§ 2030.290, 2031.300.) 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 of 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.)

Plaintiff’s counsel lost communication with Plaintiff and has sent letters, performed a skip trace, and hired a private investigator. (Declaration of Daniel G. Lewis, ¶¶ 3, 4.) Counsel has not been able to prepare responses to Defendant’s discovery because he has lost contact with Plaintiff, and argues monetary sanctions would be unjust.

It is undisputed that Plaintiff failed to serve timely responses to discovery. Accordingly, the Motions to compel Plaintiff’s verified responses, without objection, to Defendant’s discovery requests are GRANTED. Plaintiff is ordered to serve responses 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 of Civ. Proc., §§ 2030.290, subd. (c), 2031.300, subd. (c).) Monetary sanctions are GRANTED and imposed against Plaintiff only in the amount of $880.00 for two hours preparing these motions at defense counsel’s rate of $350.00 per hour and $180.00 filing fees. This monetary sanction is to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.