Case Number: 19STCV24075 Hearing Date: November 06, 2019 Dept: 4B

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

On July 10, 2019, Plaintiff Sarah Kozusko (“Plaintiff”) filed this action against Defendant Nancy Chan for motor vehicle and general negligence relating to a September 7, 2018 vehicle accident. On July 31, 2019, Plaintiff served Form Interrogatories and Requests for Admission by delivering them to Defendant’s husband. On August 1, 2019, Plaintiff served Requests for Production of Documents by mail to Defendant’s address. Plaintiff filed the motions to compel on October 15, 2019, without first contacting defense counsel.

On October 16, 2019, defense counsel sent Plaintiff’s counsel a letter stating the discovery had been served before defense counsel was retained and that Defendant would serve responses by October 30, 2019. Plaintiff’s counsel did not respond. Defendant served responses on October 24 and October 28, 2019. Plaintiff moves to compel Defendant’s responses to discovery requests, for an order deeming admitted requests for admissions, and monetary sanctions.

Compel Responses

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), 2033.280.) 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.)

The Motions to compel are MOOT. If Plaintiff believes the responses are deficient, the parties are to meet and confer in person or by telephone call. If they do not resolve the issues, Plaintiff is to schedule an IDC.

Deem Admitted

The court shall grant a motion to deem admitted requests for admissions, “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Code Civ. Proc., § 2033.280, subd. (c).) Defendant served substantially compliant responses. Therefore, the motion to deem admitted requests for admissions is DENIED.

Monetary Sanctions

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).) Where a party fails to provide a timely response to requests for admission, “[i]t is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code Civ. Proc., § 2033.280, subd. (c).)

The Court does not grant sanctions on the motion to compel. Plaintiff’s counsel should have informed defense counsel that Plaintiff has served discovery before Defendant had answered and then should have granted an extension of time to respond.

The Court lacks discretion as to whether to impose sanctions for untimely responses to requests for admission. Plaintiff’s request for monetary sanctions as to the requests for admission is GRANTED and imposed against Defendant and counsel, jointly and severally, in the reduced amount of $360.00, to be paid within twenty (20) days of the date of this Order. An attorney billing at the rate of $500.00 should not be drafting a very simple two-page motion consisting mostly of quotations from the Code of Civil Procedure. An attorney at a lower billing rate should have drafted the motion papers.

Moving party to give notice.