Case Number: BC673996 Hearing Date: August 28, 2019 Dept: 4B

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S RESPONSES TO DISCOVERY

On August 28, 2017, Plaintiff Cecila Romero (“Plaintiff”) filed this action against Defendant Sydney T. Spice for motor vehicle negligence arising out of a September 7, 2015 automobile accident. On April 26, 2019, Defendant Estate of Sydney T. Spice (“Defendant”) served Special Interrogatories (Set Two) on Plaintiff. (Declaration of Vanessa Ticas, ¶ 2, Exh. A.) Plaintiff’s response was due on May 28, 2019. (Id., ¶ 3.) On June 5, 2019, defense counsel sent a letter informing Plaintiff of his failure to timely respond to the interrogatories and his waiver of the right to object. (Id., ¶ 4.) Defense counsel gave Plaintiff until June 14, 2019 to provide verified responses. (Ibid.) To date no responses have been received. (Id., ¶ 5.) Defendant moves to compel Plaintiff’s responses to Special Interrogatories (Set Two).

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.) 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).) 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 this Motion and did not serve timely responses. Accordingly, the Motion to compel Plaintiff’s responses is GRANTED and Plaintiff is ordered to serve verified responses, without objection, to Defendant’s Special Interrogatories (Set Two) 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).) Defendant’s request for monetary sanctions is GRANTED and imposed against Plaintiff and Plaintiff’s counsel, jointly and severally, in the reduced amount of $205.40, for one hour at defense counsel’s hourly rate of $143.75 and $61.65 in filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.