Case Number: BC641102 Hearing Date: June 17, 2019 Dept: 4B

On November 21, 2016, Plaintiff Michelle Blanchard (“Plaintiff”) filed this action against Defendants Aaron Goldstein (“Defendant”), Anne Goldstein, and Stanley Goldstein (collectively, “Defendants”) for general and motor vehicle negligence arising out of a November 21, 2014 automobile accident. On January 11, 2019, Defendant served Set One of Form Interrogatories, Special Interrogatories, and Demand for Production of Documents on Plaintiff. (Declaration of Kathy Schmeckpeper, ¶ 2; Exh. A.) On March 15, 2019, defense counsel sent a letter to Plaintiff’s counsel regarding overdue discovery responses. (Schmeckpeper Decl., ¶ 3.) On April 23, 2019, defense counsel gave Plaintiff one final week to provide responses. (Schmeckpeper Decl., ¶ 4.) To date, no responses have been received. (Schmeckpeper Decl., ¶ 5.) Defendant moves to compel Plaintiff’s responses to Form Interrogatories, set for hearing on June 17, 2019, and to compel Plaintiff’s responses to Demand for Production of Documents, set for hearing on June 18, 2019. The Court rules on both motions in this Order and the June 18 hearing 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; 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 these Motions and it is undisputed Plaintiff failed to serve timely responses. Accordingly, the Motions to compel Plaintiff’s responses are 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).) Defendant’s request for monetary sanctions is GRANTED and imposed against Plaintiff and Plaintiff’s counsel, jointly and severally, in the reduced amount of $611.25, for three hours at defense counsel’s hourly rate and $180.00 in filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.