Lawzilla Additional Information:
Per the Los Angeles court records plaintiff is represented by attorney Andrew Altholz who is being sanctioned by the judge. Defendant is represented by attorney Jared Slater.

Case Number: BC677299 Hearing Date: May 17, 2018 Dept: 7

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

On September 27, 2017, Plaintiff Charles David Hare (“Plaintiff”) filed this action against Defendant Shahryar Ravayi (“Defendant”) for motor vehicle negligence relating to a September 30, 2015 automobile collision. On January 4, 2018, Defendant served Special Interrogatories, Form Interrogatories, and Request for Production of Documents on Plaintiff. (Declaration of Jared W. Slater, ¶¶ 3-5.) Despite defense counsel sending a meet and confer letter, Plaintiff has served no responses. (Slater Decl., ¶¶ 6, 7.) Defendant moves to compel Plaintiff’s responses.

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 discovery.

Accordingly, the Motions to compel Plaintiff’s responses are GRANTED. Plaintiff is ordered to serve verified responses without objections to Defendant’s discovery requests within twenty (20) days of the date of this Order.

Defendant seeks monetary sanctions. The court shall impose a monetary sanction against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel responses to discovery, unless the court finds the one subject to sanctions acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Code of Civ. Proc., §§ 2030.290, 2031.300.) The request for monetary sanctions is GRANTED in the amount of $390.00 and imposed against Plaintiff and counsel of record, jointly and severally, and is to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.