Case Number: BC563935 Hearing Date: May 05, 2016 Dept: S27

INTRODUCTION
Defendant Monterey Ins. Co. and James Smith move to compel initial response by Plaintiff Angel Sosa Heron to:
Form Interrogatories Set #2,
Special Interrogatories Set #2, and
Production of Documents Set #2.

They also move for an order that Requests for Admissions Set #1 be deemed admitted.

ANALYSIS
The opposition to these motions admits that no timely responses were served despite a two week extension to respond. The reason there are no responses is that “Plaintiff’s counsel had lost communication with Plaintiff.” Plaintiff’s counsel contends that the motions should be denied and that monetary sanctions would be unjust. Counsel believes the offer to provide verified responses, should Plaintiff restore contact, is sufficient. It is not.

This position is untenable. Plaintiff’s counsel did not “lose” communications with Plaintiff; Plaintiff stopped communicating with his attorney. According to Plaintiff’s counsel, Plaintiff has not responded to letters sent to his last known address or to voice messages left on his last known phone number. This constitutes willful ignorance of discovery obligations. Counsel has verified that Plaintiff no longer resides at his last known address. It is Plaintiff’s duty to prosecute his action and to remain in contact with his attorney. He cannot abandon contact with counsel and avoid consequences. Contrary to the assertion by the opposition, the failure to respond is not “with substantial justification” and imposition of sanctions on Plaintiff, personally, would not be unjust.

RULING
The motions are granted. Responses without objection are ordered and are due within 20 days. Requests for Admission Set #1 are deemed admitted. Monetary sanctions of $1,770 are imposed against Plaintiff Angel Sosa Heron, payable within 30 days.