Case Number: BC659071 Hearing Date: August 10, 2018 Dept: 7

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO COMPEL DEFENDANT’S RESPONSES TO INTERROGATORIES; MOTION GRANTED CONTIGENT ON PAYMENT OF FILING FEE

This action arises out of alleged personal injuries sustained on November 15, 2016. On October 30, 2017, Plaintiff Don Del Rio (“Plaintiff”) served Interrogatories Set One and Set Two on Defendant Douglas Emmett 1997, LLC (“Defendant”). On May 18, 2018, Plaintiff sent a letter regarding the overdue responses, but has not received responses to date. (Declaration of Don Del Rio, ¶¶ 5, 7.) Plaintiff moves to compel Defendant’s responses and monetary sanctions. (Del Rio Decl., ¶ 9.)

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.)

Defendant’s opposition was untimely filed on August 6, 2018, just three days before the hearing in violation of Code of Civil Procedure section 1005, subdivision (b). Defense counsel declares responses were served on March 7, 2018. (Declaration of Jane E. Carey, ¶ 3.) After receiving Plaintiff’s May 18, 2018 letter, defense counsel realized Plaintiff did not receive responses and instructed her assistant to send another copy of responses and a letter explaining they had been previously served. (Carey Decl., ¶ 4.) Upon receiving this Motion, counsel realized that Plaintiff still had not received responses, but states her new assistant failed to calendar when the opposition to this Motion was due. (Carey Decl., ¶ 5.)

Defense counsel has not attached any proofs of service showing responses were actually served on Plaintiff on March 7, 2018 or on May 25, 2018. Therefore, it is not clear that Plaintiff has actually received responses and these Motions are moot, as defense counsel contends.

Therefore, to the extent Plaintiff still has not received responses to form interrogatories sets one and two, the Motion to compel is GRANTED and Defendant is ordered to serve verified responses, without objection, within twenty (20) days of the date of this Order.

The Court notes only one filing fee was paid for this motion to compel responses to sets one and two of form interrogatories, which should have been filed as two separate motions and two filing fees paid. Accordingly, Plaintiff is ordered to pay the additional filing fee and to bring proof of payment to the hearing on this motion. If payment has not been made, the hearing on this motion will be continued so that the additional filing fee can be paid.

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 Defendant and counsel, jointly and severally, in the amount of $250.00 for Plaintiff’s requested $130.00 in bringing this motion, the $60.00 filing fee already paid, and the $60.00 filing fee ordered to be paid. Defense counsel is to pay this sanction within twenty (20) days of the date of this Order.

Moving party to give notice.