Case Number: BC710720 Hearing Date: April 24, 2019 Dept: 4B

[TENTATIVE] ORDER RE: DEFENDANTS’ MOTIONS TO COMPEL PLAINTIFFS’ RESPONSES TO DISCOVERY AND MONETARY SANCTIONS

On June 18, 2018, Plaintiffs Bianca Bautista, Alexis Sandoval, and Sindi Cardenas (collectively, “Plaintiffs”) filed this action against Defendants Tyler Stuart Albers (“Albers”), AJG, and Arthur J. Gallagher (“Gallagher”) for injuries sustained in a June 20, 2016 automobile accident. Albers and Gallagher (collectively, “Defendants”) move to compel Plaintiffs’ responses to discovery and monetary sanctions. Five motions to compel are set for hearing on April 24, 2019 and four motions to compel are set for hearing on April 25. The Court rules on all nine motions in this order and the April 25 hearing is taken off-calendar.

On September 11, 2018, Albers and Gallagher (collectively, “Defendants”) served Form Interrogatories, Special Interrogatories, and Request for Production of Documents on each Plaintiff. (Declaration of Monique R. Donavan, ¶ 3.) On November 30, 2018, defense counsel sent a meet and confer letter to Plaintiff’s counsel requesting responses to all outstanding discovery by December 14, 2018. (Donavan Decl., ¶ 5.) On December 19, 2018, defense counsel sent another meet and confer letter granting an extension until December 26, 2018. (Donovan Decl., ¶ 6.) On February 6, 2019, defense counsel contacted Plaintiffs’ counsel regarding outstanding discovery. Plaintiffs’ counsel did not take the telephone call and defense counsel left a voicemail message. As of the filing of the motions Plaintiffs’ counsel had not responded to any meet and confer efforts or served responses to discovery. (Donavan Decl., ¶ 7.)

On April 18, 2019, Plaintiffs filed very late opposition to these Motions, stating the discovery responses had been served the previous day. Plaintiffs’ counsel contends they never received the original discovery responses, meet and confer letters, or phone call. Plaintiffs’ counsel says the firm name was spelled incorrectly on the proof of service for the motions.

Because discovery responses have now been served, the Motions to compel Plaintiffs’ responses to form interrogatories, special interrogatories, and requests for production of documents are MOOT.

However, the Court can still grant sanctions. Plaintiffs contend they did not receive the discovery requests or meet and confer letters because their firm name was misspelled. The proofs of service show the same spelling (LAW OFFICES OF D. HESS NPANAH & ASSOCIATES) and address as on Plaintiffs’ complaint. The meet and confer two letters show the same spelling (LAW OFFICES OF D. HESS PANAH & ASSOCIATES) and address as on Plaintiffs’ current pleadings. Given that the address is the same on all of these pleadings and proofs of service, and the misspelling (which copied the spelling on Plaintiff’s complaint) was merely the addition of one letter, it is not credible that none of the discovery requests or letters were delivered to Plaintiffs’ counsel’s office.

The request for monetary sanctions is GRANTED and imposed against Plaintiffs and Plaintiffs’ counsel in the reduced amount of $720.00 (per Plaintiff) for three hours at defense counsel’s hourly rate of $180.00 and $180.00 in filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.