Lawzilla Additional Information:
Per the Los Angeles court records plaintiff is represented by attorney Barry Zelner who is being sanctioned by the court.

Case Number: BC672278 Hearing Date: April 30, 2018 Dept: 7

ORDER RE: DEFENDANTS’ MOTION TO COMPEL PLAINTIFF’S RESPONSES TO DISCOVERY AND REQUEST FOR MONETARY SANCTIONS; MOTION GRANTED

On August 15, 2017, Plaintiff Byron Clyde Ziman (“Plaintiff”) filed this action against Defendants Ambassador Kwick Park, the Hustler Casino, and Gregory Ebert (collectively, “Defendants”) for injuries sustained in an October 30, 2015 vehicle versus pedestrian accident. El Dorado Enterprises, Inc. dba Hustler Casino (“Defendant”) moves to compel Plaintiff’s responses to discovery and impose monetary sanctions.

On January 25, 2018, Defendant served Form Interrogatories, Set One and Request for Production of Documents, Set One on Plaintiff. (Declaration of Mark V. Santa Romana, ¶ 3.) Plaintiff has served no responses and has not requested an extension. (Romana Decl., ¶ 4.)

Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code of 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 of 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.)

Plaintiff filed no opposition to these Motions and it is undisputed Plaintiff failed to serve timely responses to Defendant’s discovery requests. Accordingly, the Motions to compel are GRANTED. Plaintiff is ordered to serve responses to Defendant’s outstanding discovery requests 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 of Civ. Proc., §§ 2030.290, subd. (c), 2031.300, subd. (c); Sinaiko Healthcare Consulting, Inc., supra, 148 Cal.App.4th at p. 404.)

The request for monetary sanctions is GRANTED. Monetary sanctions are imposed against Plaintiff and his counsel of record, jointly and severally, in the sum of $430.00, for two hours preparing these unopposed Motions and one hour attending the hearing at counsel’s rate of $155.00 per hour and $120.00 filing fees. Plaintiff and counsel are ordered to pay this $430.00 sanction within twenty (20) days of the date of this Order.

Moving party to give notice.