Case Number: BC566761 Hearing Date: May 05, 2016 Dept: 98

DANIEL LUNA,
Plaintiff,
vs.

NINA PALYAN,

Defendant.

CASE NO: BC565761

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTIONS TO COMPEL AND REQUEST FOR MONETARY SANCTIONS

Dept. 98
1:30 p.m.
May 5, 2016

Plaintiff Daniel Luna (“Plaintiff”) filed this action against Defendant Nina Palyan (“Defendant”) for alleged damages arising out of a February 5, 2013 vehicle collision. On April 7, 2015, Defendant served Plaintiff with Form Interrogatories, Set One; Request for Production, Set One; and a Notice of Deposition. Declarations of Robin R. Ivory, ¶ 2. Plaintiff has failed to provide any responses or to appear for his deposition. Id., ¶ 3. Defendant therefore now moves to compel Plaintiff’s responses and appearance at deposition, and requests monetary sanctions.

A party who fails to timely serve responses to interrogatories or requests for production waives any objection to those discovery requests, including those based on privilege or work product. Cal. Code of Civ. Proc. §§ 2030.290(a), 2031.300(a). As Plaintiff has failed to provide timely responses, Defendant’s Motions are GRANTED. Plaintiff is ordered to provide responses, without objections, to Defendant’s Form Interrogatories, Set One and Request for Production, Set One, within ten (10) days of notice of this Order.

If a party fails to appear for examination or to proceed with it, after service of a deposition notice, the noticing party may move for an order compelling the deponent’s attendance and testimony. Cal. Code of Civ. Proc. § 2025.450(a). Defendant’s Motion to Compel Plaintiff’s attendance at deposition is GRANTED. Plaintiff is ordered to attend and testify at a deposition on May 11, 2016 at 10:00 a.m. at Mark R. Weiner & Associates, 655 N. Central Avenue, Suite 1125, Glendale, California 91203.

The Court shall impose monetary sanctions, unless it finds that the party subject to sanctions acted with substantial justification or that other circumstances make the imposition of sanctions unjust. Cal. Code of Civ. Proc. §§ 2025.450(g)(2), 2031.300(c), 2030.290(c). The Court finds sanctions to be appropriate here. Defendant seeks $347.50 for two of her Motions and $433.50 for one Motion, contending that each took one hour to prepare and will require one hour to appear, at a rate of $143.75 per hour. Defendant also incurred three $60.00 filing fees and one $86.00 Court Call fee.

The Court finds one hour to prepare each Motion and one total hour to appear at the joint hearing, along with the fees incurred, to be sufficient to compensate Defendant. The Court therefore awards Defendant a total of $841.00 in monetary sanctions against Plaintiff.

Dated this 5th day of May, 2016

Hon. Holly J. Fujie
Judge of the Superior Court