Case Number: BC687482 Hearing Date: October 01, 2018 Dept: 7

[TENTATIVE] ORDER RE: DEFENDANT’S MOTIONS TO COMPEL PLAINTIFFS’ RESPONSES TO DISCOVERY REQUESTS; MOTIONS GRANTED

On December 18, 2017, Plaintiffs Won Kuk Chang and Diana Chang (collectively, “Plaintiffs”) filed this action against Defendant Biong Yun (“Defendant”) for injuries sustained in a December 17, 2015 automobile accident. On May 18, 2018, Defendant served Form Interrogatories and Demand for Production of Documents on Plaintiffs. (Declaration of Jeremy Stevens, ¶¶ 2, 3.) Plaintiffs have failed to serve responses. (Sevens Decl., ¶ 6.) Defendant moves to compel Plaintiffs’ responses 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; 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 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.)

Plaintiffs filed no opposition to these Motions and it is undisputed that they failed to serve timely responses to Defendant’s discovery requests. Accordingly, the Motions to compel are GRANTED. Plaintiffs are each ordered to serve verified responses, without objection, to Defendant’s form interrogatories and demand 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 of Civ. Proc., §§ 2030.290, subd. (c), 2031.300, subd. (c).) “It is mandatory that the court impose a monetary sanction . . . on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code of Civ. Proc., § 2033.280, subd. (c).)

The request for monetary sanctions is GRANTED and imposed against Plaintiffs and their counsel of record, jointly and severally, in the amount of $407.50 for two hours at defense counsel’s hourly rate of $143.75, and $120.00 filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.