Case Number: BC586516 Hearing Date: May 17, 2018 Dept: 7

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

On June 26, 2015, Plaintiff Debbie Muhammad, individually and as personal representative for Estate of Damon Muhammad (“Plaintiff”) filed this action against Defendant Commodity Forwarders, Inc. (“Defendant”) for general negligence and premises liability relating to a September 20, 2013 injury sustained when Plaintiff was struck with a forklift.

On February 14, 2018, Defendant served supplemental interrogatories and supplemental demand for production. (Declaration of Edward R. O’Connor, ¶ 2.) No extensions were requested and no responses were received. (O’Connor Decl., ¶ 3.) Defense counsel sent a meet and confer letter to Plaintiff’s counsel, but no response was received. (O’Connor Decl., ¶¶ 4, 5.) Defendant seeks to compel Plaintiff’s responses and monetary sanctions.

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

Defendant also seeks monetary sanctions. The request is GRANTED and monetary sanctions are imposed against Plaintiff and counsel of record, jointly and severally, in the sum of $552.00, for three hours preparing these unopposed motions and attending the hearing at counsel’s rate of $144.00 per hour and $120.00 filing fees.

Moving party to give notice.