Case Number: BC694337 Hearing Date: January 18, 2019 Dept: 4B

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

On February 16, 2018, Plaintiffs Lawrence W. Kelly and Bryant Adam Ashley (collectively, “Plaintiffs”) filed this action against Defendants Walter Jimenez (“Defendant”) and Jorge Luis Vega (collectively, “Defendants”) for negligence relating to a July 11, 2017 vehicle collision. Defendant moves to compel Plaintiffs’ responses to written discovery requests.

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; 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.)

On April 11, 2018, Defendant served Form Interrogatories, Special Interrogatories, and Requests for Production of Documents on each Plaintiff. (Declaration of Angelika Hakopian, ¶ 3; Exh. A.) Beginning on August 22, 2018, defense counsel left multiple voice messages and sent emails to Plaintiffs’ counsel regarding outstanding responses. (Hakopian Decl., ¶ 4.) Plaintiffs’ associated counsel at Bish Law called defense counsel and stated discovery responses would be sent by October 15, 2018. (Hakopian Decl., ¶ 6.) However, to date, no responses have been served. (Hakopian Decl., ¶ 7.) Defendant moves to compel Plaintiffs’ responses and monetary sanctions.

Plaintiffs filed no opposition to these Motions and did not serve responses to Defendant’s discovery requests. Accordingly, the Motions to compel are GRANTED and each Plaintiff is ordered to serve verified responses, without objection, to Defendant’s Form Interrogatories, Special Interrogatories, and Requests 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 request for monetary sanctions is GRANTED and imposed against each Plaintiff and both attorneys of record—the Law Offices of Larry H. Parker, Inc. and Bish Law—in the reduced amount of $930.00 for three hours at defense counsel’s hourly rate of $250.00 and $180.00 filing fees (total of $1,860.00), to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.