Case Number: BC702130 Hearing Date: February 05, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

BEATRIZ MENDOZA,

Plaintiff(s),

vs.

KIM MAUREEN BURGESS ORLOV, ET AL.,

Defendant(s).

Case No.: BC702130

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTIONS TO COMPEL FURTHER RESPONSES; IMPOSING SANCTIONS

Dept. 3

1:30 p.m.

February 5, 2019

Plaintiff, Beatriz Mendoza filed this action against Defendant, Oscar Tejeda for damages arising out of an automobile accident.

Defendant propounded form interrogatories and requests for production of documents on Plaintiff on 9/28/18. On 11/01/18 Plaintiff, through Counsel, served responses consisting almost entirely of objections. The responses were not signed by Counsel. Counsel met and conferred, and Plaintiff’s Counsel asked for additional time to respond; because the deadline to file the motions was approaching, Defense Counsel refused. No responses were received. On 12/26/18, Defense Counsel appeared at an Informal Discovery Conference. Plaintiff failed to appear.

Opposition to these motions was due on or before 1/23/19. CCP §1005(b). Plaintiff has not filed opposition to the motions. The Court will not consider any late-filed opposition.

The motions to compel are granted. Plaintiff is ordered to serve verified responses, without objections, within ten days. As noted above, the responses Plaintiff served consist almost entirely of objections. The burden to justify an objection to a discovery request is on the party asserting the objection. See Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255. In light of the lack of opposition to the motion, Plaintiff has necessarily not met that burden.

The few responses that are not technically objections are responses to certain RPDs. Plaintiff responded to certain RPDs by indicating that she does not have any documents responsive to the request. CCP §2031.230 requires specific language when a party does not have documents in her possession, and these responses fail to include the required language. They are, therefore, also deficient, and further responses are necessary.

Defendant seeks sanctions in connection with his motions. The request is granted. CCP §§2030.300(c), 2031.310(c). Defendant seeks imposition of sanctions in the total amount of $433.50/motion. The Court reduces the appearance fee by one hour ($143.75) because Defendant seeks to recover it in connection with each of the two motions. All other amounts are reasonable and fully supported by Defense Counsel’s declaration.

Sanctions are sought and imposed against Plaintiff and her attorney of record, jointly and severally. They are ordered to pay sanctions to Defendant, by and through his attorney of record, in the total amount of $723.25 ($433.50 x 2 – $143.75), within twenty days.

Defendant is ordered to give notice.