Case Number: BC699647 Hearing Date: March 04, 2019 Dept: 4B

[TENTATIVE] ORDER RE: DEFENDANTS’ MOTION TO COMPEL PLAINTIFFS’ RESPONSES TO DISCOVERY AND REQUEST FOR MONETARY SANCTIONS; GRANTED

On March 26, 2018, Plaintiffs Fernando Ayala and Beatrice Madrigal (collectively, “Plaintiffs”) filed this action against Defendants Jose Manuel Arellano and Robert Bosch LLC (collectively, “Defendants”) for negligence relating to a June 29, 2016 automobile accident. Defendants move to compel Plaintiffs’ responses to discovery and monetary sanctions. The Motions against Ayala are set for hearing on March 4 and the Motions against Madrigal are set for hearing on March 5. The Court rules on all six motions in this Order and the hearing set for March 5 is taken off calendar.

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 August 2, 2018, Defendant served Set One of Form Interrogatories, Special Interrogatories, and Demand for Production of Documents on Plaintiffs. (Declaration of Alik Ekmekchyan, ¶ 2.) On October 29, 2018, after no responses were received, defense counsel sent a meet and confer letter to Plaintiffs’ counsel regarding the status of discovery responses. (Ekmekchyan Decl., ¶ 4.) To date, no responses have been received. (Ekmekchyan Decl., ¶ 5.)

Plaintiffs filed no opposition to these Motions and it is undisputed Plaintiffs failed to serve timely responses to Defendant’s discovery requests. The Motions to compel Plaintiffs responses are GRANTED and each Plaintiff is ordered to serve verified responses, without objection, to Defendant’s to Form Interrogatories, Special 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 Civ. Proc., § 2030.290, subd. (c), 2031.300, subd. (c).) The request for monetary sanctions is GRANTED and imposed against each Plaintiff and their counsel of record, jointly and severally, in the amount of $711.00 per plaintiff, for three hours at defense counsel’s hourly rate of $177.00 and $180.00 in filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.