Case Number: BC712294 Hearing Date: October 28, 2019 Dept: 4B

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO COMPEL DEFENDANT’S RESPONSES TO WRITTEN DISCOVERY; REQUEST FOR SANCTIONS

On June 28, 2018, Plaintiff Patricia McKenzie (“Plaintiff”) filed this action against Defendant Shirley Brandy (“Defendant”) after a rear-end motor vehicle collision. On September 5, 2018, Plaintiff served form interrogatories and requests for production of documents on Defendant. (Declaration of Barry L. Rodolff, ¶ 2.) Plaintiff granted six extensions to respond, but never did. Plaintiff seeks to compel Defendant’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.)

Defendant filed no opposition to these Motions and did not serve responses to Plaintiff’s requests for discovery. Accordingly, the Motions to compel Defendant’s responses are GRANTED. Defendant is ordered to serve verified responses, without objection, to Plaintiff’s Form Interrogatories (Set One) and Request 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).) Plaintiff’s request for monetary sanctions is GRANTED and imposed against Defendant and counsel of record, jointly and severally, in the amount of $795.00, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice