Case Number: 19STCV18356 Hearing Date: November 19, 2019 Dept: 4B

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

On May 28, 2019, plaintiffs Jerome Jefferson (“Jefferson”), Angel Whitfield (“Whitfield”) and Kenneth Parks (“Parks”) (collectively, “Plaintiffs”) filed this action against defendant Yanee Puripanyavanich (“Defendant”) for personal injuries and damages arising from an automobile accident occurring on February 27, 2018.

On July 15, 2019, Defendant served Demand for Inspection and Production of Documents, Set No. One, and Form Interrogatories (Set No. One) each on Johnson, Parks, and Whitfield. After the deadline for responses, Defendant sent a meet-and-confer email to Plaintiffs’ counsel. Defendant did not receive a response.

Defendant moves to compel Plaintiffs’ verified responses without objections and for monetary sanctions. Plaintiffs’ did not oppose.

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.)

Plaintiffs filed no oppositions and did not serve responses to Defendant’s requests for discovery. Accordingly, the Motions to compel Plaintiffs’ responses are GRANTED. Johnson, Parks and Whitfield are each ordered to serve verified responses, without objection, to Defendant’s Form Interrogatories (Set No. One) and Demand for Inspection and Production of Documents (Set No. 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. The Court imposes monetary sanctions against Johnson and his counsel of record, jointly and severally, in the amount of $270.00 to be paid within twenty (20) days of the date of this Order. Sanctions are imposed against Parks and his counsel of record, jointly and severally, in the amount of $270.00 to be paid within twenty (20) days of the date of this Order. Sanctions are imposed against Whitfield and her counsel of record, jointly and severally, in the amount of $270.00 to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.