Case Number: 18STCV04296 Hearing Date: August 20, 2019 Dept: 4B

[TENTATIVE] ORDER RE: MOTION TO COMPEL

On November 8, 2018, Plaintiff filed this action against Defendants for premises liability arising out of injuries Plaintiff sustained as a result of being shot multiple times by an intruder. On January 28, 2019, Defendants served the form interrogatories and document requests. Multiple extensions were granted, but responses were not received. On July 8, 2019, Defendant Pedro Bordenave and Glen A. Bordenave filed the instant motion to compel discovery responses to the first set of Form Interrogatories and Request for Production of Documents.

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.) 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).)

Plaintiff has not opposed. Accordingly, the Motion is GRANTED. Plaintiff is ordered to serve verified responses, without objection, to Defendants’ discovery requests 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).) However, Defendants should have filed two motions – on concerning the form interrogatories and one on the document requests – and paid two filing fees. Defendants are to pay a second $60.00 filing fee and file proof of payment. Subject to Defendants paying the second filing fee, the Court awards sanctions of $430.00 jointly and severally against Plaintiff and Plaintiff’s counsel to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.