Case Number: 19STCV10991 Hearing Date: October 16, 2019 Dept: 4B

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

On March 29, 2019, Plaintiff Herbert Hakimianpour (“Plaintiff”) filed this action against Defendant Srinivasan Venkatesh (“Defendant”) for injuries arising out of a June 13, 2017 motor vehicle collision. On July 19, 2019, Defendant served a Demand for Identification and Production and Inspection of Documents and Other Tangible Things (Set One) and Form Interrogatories (Set One) on Plaintiff. Plaintiff has failed to serve responses to this discovery. Defendant seeks to compel Plaintiff’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.)

Plaintiff filed no opposition to these Motions and it is undisputed Plaintiff failed to serve responses to Defendant’s requests for discovery. Accordingly, the Motions to compel Plaintiff’s responses are GRANTED. Plaintiff is ordered to serve verified responses, without objection, to Defendant’s Demand for Identification and Production and Inspection of Documents and Other Tangible Things (Set One) and Form 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 counsel of record, jointly and severally, in the reduced amount of $600.00 for three hours at defense counsel’s hourly rate of $160.00 and $120.00 in filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.