Category Archives: Sanctions

VICKY MCCLOUD VS A-P COTEAU INC. BHARPUR-GAGANDEEP DH

Case Number: BC681646 Hearing Date: February 18, 2020 Dept: 27

[TENTATIVE] ORDER RE MOTION TO COMPEL FURTHER RESPONSES

On June 5, 2019, Defendant A-P Couteau Inc. Bharpur-Gagandeep DH propounded supplemental interrogatories on Plaintiff Vicky McCloud. On December 17, 2019, Defendant filed a motion to compel further responses to the supplemental interrogatories. On January 14, 2020, the parties participated in an informal discovery conference and agreed that Plaintiff would provide further responses by January 24, 2020. Plaintiff never provided those further responses, and so Defendant proceeded with this motion. Plaintiff did not file an opposition to this motion.

The supplemental interrogatories requested updates to previous form and special interrogatory responses. Plaintiff responded she had no further responses or amendments to her responses. The responses to form interrogatory Nos. 6.4, 6.5, 6.6 continued many instances where Plaintiff stated “To be determined” in response to a questions about the charges to date for health care providers. At this point, two years and three months after filing this action, Plaintiff should know the costs to date for her medical treatment. According, the motion to compel as to form interrogatories is GRANTED.

Special interrogatory No. 10 asked for the last date Plaintiff received treatment by a health care provider as a result of injuries from the incident. Plaintiff did not provide a date. The motion to compel as to No. 10 is GRANTED.

Plaintiff is to provide further responses within 20 days of the date of this order.

Defendant seeks sanction against Plaintiff and her counsel. The Court GRANTS the request and imposes sanctions against Plaintiff and her counsel, jointly and severally, in the amount of $1,145, to be paid with 20 days of the date of this order.

Moving party to give notice.