Case Number: BC693756 Hearing Date: October 04, 2019 Dept: 4B

TENTATIVE] ORDER RE: PLAINTIFF JUNE ARELLANO’S MOTION TO COMPEL RESPONSES TO DISCOVERY AND MONETARY SANCTIONS

On February 14, 2018, Plaintiffs June Arellano and Brandon Stanisci (collectively, “Plaintiffs”) filed this action against Defendants Jip Chung, and Byung Son (collectively, “Defendants”) for property damage and personal injury arising from a December 17, 2016 motor vehicle accident. On February 12, 2019, Ms. Arellano served form interrogatories to Mr. Chung. Ms. Arellano seeks to compel Mr. Chung’s responses to discovery 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; 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.)

Mr. Chung filed no opposition to this motion and it is undisputed he failed to serve responses to Ms. Arellano’s requests for discovery. Accordingly, the motion to compel is GRANTED. Mr. Chung is ordered to serve verified responses, without objection, to Ms. Arellano’s form interrogatories 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).) Ms. Arellano’s request for monetary sanctions is GRANTED and imposed against Mr. Chung and counsel of record, jointly and severally, in the reduced amount of $560.00 for two hours at plaintiff’s counsel’s hourly rate of $250.00 and $60.00 in filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.