Case Number: 19STCV31826 Hearing Date: October 24, 2019 Dept: 4B

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

On September 10, 2019, petitioner Mercury Insurance Company (“Petitioner”) requested a court file be opened so that it could file motions to compel Respondent Zachary Kaufman (“Respondent”) to respond to written discovery propounded in an uninsured motorist arbitration. On June 25, 2019, Petitioner propounded Form Interrogatories (Set One) and Requests for Production of Documents (Set One). After no responses were received, Petitioner’s counsel sent a letter on August 5, 2019 requesting responses by August 12, 2019. However, no responses or response to counsel’s meet and confer were received. Petitioner seeks to compel Respondent’s responses to discovery and requests 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.)

Respondent filed no opposition to these Motions and it is undisputed Respondent failed to serve responses to Petitioner’s requests for discovery. Accordingly, the Motions to compel Respondent’s responses are GRANTED. Respondent is ordered to serve verified responses, without objection, to Petitioner’s Form Interrogatories (Set One) and Requests for Production of Documents (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).) Petitioner’s request for monetary sanctions is GRANTED and imposed against Respondent and counsel of record, jointly and severally, in the amount of $570.00 for three hours at Petitioner’s counsel’s hourly rate of $150.00 and $120.00 in filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.