Lawzilla Additional Information: Plaintiff is represented by attorney Andrew Aukland

Case Number: BC641102 Hearing Date: August 28, 2019 Dept: 4B

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S RESPONSES TO DISCOVERY

On November 21, 2016, Plaintiff Michelle Blanchard (“Plaintiff”) filed this action against Defendants Aaron Goldstein (“Defendant”), Anne Goldstein, and Stanley Goldstein for general and motor vehicle negligence arising out of a November 21, 2014 automobile accident. On February 5, 2019, Defendant served Special Interrogatories (Set One) on Plaintiff. (Declaration of Kathy Schmeckpeper, ¶ 2; Exh. A.) Plaintiff’s response was due on March 12, 2019. (Id., ¶ 3.) On March 15, 2019, defense counsel sent a letter to Plaintiff’s counsel regarding overdue discovery responses and gave an extension to provide responses up to and including March 25, 2019. (Ibid.) On April 23, 2019, defense counsel gave Plaintiff one final week to provide responses by April 30, 2019. (Id., ¶ 4.) To date, no responses have been received. (Id., ¶ 5.) Defendant moves to compel Plaintiff’s responses to Special Interrogatories (Set One).

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).) 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 did not serve timely responses. Accordingly, the Motion to compel Plaintiff’s responses is GRANTED and Plaintiff is ordered to serve verified responses, without objection, to Defendant’s Special Interrogatories (Set One) 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 $205.40, for one hour at defense counsel’s hourly rate of $143.75 and $61.65 in filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.