Case Number: BC712288 Hearing Date: June 11, 2019 Dept: 4B

[TENTATIVE] ORDER RE: DEFENDANT LAUSD’S MOTION TO COMPEL PLAINTIFF’S RESPONSES TO FORM INTERROGATORIES AND MONETARY SANCTIONS

On June 29, 2018, Plaintiff Suzie Kim (“Plaintiff”) filed this action against Defendants Venice High School and Los Angeles Unified School District (“LAUSD”) for negligence and premises liability arising out of a June 19, 2017 trip and fall. On December 10, 2018, LAUSD served Form Interrogatories on Plaintiff. (Declaration of Angela M. Jones, ¶ 2.) On January 14, 2019, defense counsel granted a two week extension. (Jones Decl., ¶ 3.) After receiving no responses, defense counsel sent an email to Plaintiff’s counsel advising that Plaintiff had waived all objections and seeking responses by March 15, 2019. (Jones Decl., ¶ 4.) Defense counsel sent another meet and confer letter and advised she had reserved hearings for three motions to compel responses. (Jones Decl., ¶ 5.) To date, Plaintiff has not served any responses to LAUSD’s discovery requests. (Jones Decl., ¶ 7.) LAUSD seeks to compel Plaintiff’s responses and monetary sanctions.

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; 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 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 filed no opposition to this Motion and it is undisputed she failed to serve timely responses to LAUSD’s discovery requests. Accordingly, the Motion to compel Plaintiff’s responses to LAUSD’s Form Interrogatories is GRANTED and Plaintiff is ordered to serve verified responses, without objection, 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 Plaintiff and Plaintiff’s counsel in the reduced amount of $250.00 for two hours at defense counsel’s hourly rate of $125.00, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.