Case Number: BC677204 Hearing Date: November 27, 2018 Dept: 7

[TENTATIVE] ORDER RE: DEFENDANT THE VONS COMPANIES, INC.’S MOTIONS TO COMPEL RESPONSES TO DISCOVERY, STATEMENT OF DAMAGES, AND TO DEEM ADMITTED REQUESTS FOR ADMISSIONS; MOTIONS GRANTED

On September 25, 2017, Plaintiff Amparro Navarro (“Plaintiff”) filed this action against Defendants The Vons Companies, Inc. (“Vons”) and Janitorial Equipment Services, Inc. dba King Janitorial Equipment Services, Inc. (“King”) for personal injuries sustained in a September 24, 2015 slip and fall incident. On July 31, 2018, Vons served Request for Production of Documents, Form Interrogatories, Special Interrogatories, Request for Admissions, and a Request for Itemization of Nature and Extent of Damages on Plaintiff. (Declaration of Robert P. Wargo, ¶ 3.) To date, Plaintiff has failed to respond. (Wargo Decl., ¶ 6.) Vons moves to compel responses, to deem admitted requests for admissions, 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 of Civ. Proc., §§ 2030.290, 2031.300; 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.)

Where a party fails to timely respond to a request for admission, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted. (Code of Civ. Proc., § 2033.280, subd. (b).) The party who failed to respond waives any objections to the demand, unless the court grants them relief from the waiver, upon a showing that the party (1) has subsequently served a substantially compliant response, and (2) that the party’s failure to respond was the result of mistake, inadvertence, or excusable neglect. (Code of Civ. Proc., § 2033.280, subds. (a)(1)-(2).)

The court shall grant a motion to deem admitted requests for admissions, “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Code of Civ. Proc., § 2033.280, subd. (c).)

Plaintiff filed no opposition to these motions and it is undisputed that he failed to serve timely responses to Defendant’s discovery requests. Further, it does not appear he served proposed responses to RFA’s prior to this hearing in substantial compliance with Section 2033.220. (Civ. Proc., § 2033.280, subd. (c).) Accordingly, the Motions to compel and deem admitted are GRANTED. Plaintiff is ordered to provide verified responses, without objections, to Defendant’s Form Interrogatories, Special Interrogatories, and Request for Production of Documents within twenty (20) days of the date of this Order.

When a complaint to recover for personal injuries is filed, the defendant may at any time request a statement of damages and the Plaintiff shall serve a response within 15 days. If a response is not served, the defendant, on notice to the plaintiff, may petition the court to order the plaintiff to serve a responsive statement. (Code of Civ. Proc., § 425.11, subd. (b).) It is undisputed that Plaintiff failed to serve a Statement of Damages on Defendant. Accordingly, the Motion to compel Plaintiff to provide a statement of damages is GRANTED and Plaintiff is ordered to serve a statement of damages on Defendant 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).)

Defendant’s request for monetary sanctions is GRANTED and imposed against Plaintiff and Plaintiff’s counsel, jointly and severally, in the reduced amount of $1,290.00 for three hours at Plaintiff’s counsel’s hourly rate of $350.00 and $240.00 in filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.