Case Number: BC636395 Hearing Date: August 09, 2018 Dept: 7

[TENTATIVE] ORDER RE: DEFENDANTS’ MOTION TO COMPEL PLAINTIFF’S RESPONSES TO DISCOVERY REQUESTS; MOTION GRANTED SUBJECT TO PAYMENT OF FEES

On October 7, 2016, Plaintiff Marilyn Feld (“Plaintiff”) filed this action against Defendants Sky Zone Van Nuys and Sky Zone Trampoline Park (collectively, “Defendants”) for general negligence and premises liability relating to alleged injuries sustained on November 30, 2014. On May 7, 2018, Defendant served Supplemental Interrogatories, Set Two on Plaintiff. (Declaration of Thomas R. Matteson, ¶ 6.) On May 10, 2018, Defendants served Request for Production of Documents, Set Two on Plaintiff. (Matteson Decl., ¶ 2.) On May 11, 2018, Defendant served Special Interrogatories, Sets One and Two, and Request for Production of Documents, Set Three on Plaintiff. (Matteson Decl., ¶ 4.) Plaintiff failed to serve timely responses. Defendant moves 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 of Civ. Proc., §§ 2030.290, 2031.300; Sinaiko 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.)

A party may propound a supplemental interrogatory or supplemental demand for production of documents to elicit any later acquired information bearing on all answers previously made by any party. (Code of Civ. Proc., §§ 2030.070, subd. (a), 2031.050, subd. (a).) 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.)

Plaintiff filed no opposition to these Motions and it is undisputed that she failed to serve timely responses to Defendants’ discovery requests. Accordingly, the Motions to compel Plaintiff’s responses to discovery requests are GRANTED. Plaintiff is ordered to serve verified responses, without objection, to Defendants’ Supplemental Interrogatories, Special Interrogatories, Sets One and Two, and Request for Documents, Set Two and Three, within twenty (20) days of the date of this Order.

The Court notes that only two filing fees were paid for these Motions to compel responses to supplemental interrogatories, special interrogatories, sets one and two, and requests for production of documents, sets two and three, which should have been filed as five separate motions and five filing fees paid. Defendants are ordered to pay the additional filing fees and to bring proof of payment to the hearing on these Motions. If the additional filing fees are not paid, the hearing will be continued so that payment may be made.

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).) “It is mandatory that the court impose a monetary sanction . . . on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code of Civ. Proc., § 2033.280, subd. (c).)

The request for monetary sanctions is GRANTED and imposed against Plaintiff and her counsel of record, jointly and severally, in the amount of $800.00, for two hours at Plaintiff’s counsel’s hourly rate, plus the $120.00 filing fee already paid and the $180.00 filing fees ordered to be paid, within twenty (20) days of the date of this Order.

Moving party to give notice.