Category Archives: Sanctions

MELIKA SEYFOLLAHZADEH VS SEMPRA ENERGY

Lawzilla Additional Information: A dismissal was filed, no hearing held, and no final order issued.

Case Number: 19STCV12847 Hearing Date: February 06, 2020 Dept: 27

[TENTATIVE] ORDER RE: DEFENDANT COUNTY OF LOS ANGELES’S MOTION TO COMPEL PLAINTIFF’S RESPONSES TO SPECIAL INTERROGATORIES AND MONETARY SANCTIONS

On April 12, 2019, Plaintiff Melika Seyfollahzadeh (“Plaintiff”) filed this action against Defendants Sempra Energy, Southern California Gas Company, City of Los Angeles, and County of Los Angeles (“County”) (collectively, “Defendants”) for premises liability arising out of an April 13, 2018 trip and fall. On October 8, 2019, County served special interrogatories on Plaintiff. Defense counsel followed up with letter on November 20. 2019, and granted an extension to December 6, 2019. Plaintiff did not serve responses. County seeks to compel Plaintiff’s responses and monetary sanctions.

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).)

Plaintiff filed no opposition to this motion and failed to serve responses. Accordingly, the motion to compel is GRANTED. Plaintiff is ordered to serve verified responses, without objection, to County’s special interrogatories 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).) County’s request for monetary sanctions is GRANTED and imposed against Plaintiff and counsel of record, jointly and severally, in the amount of $235.00 to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.