Lawzilla Additional Information:
Per the Los Angeles court records plaintiff is represented by attorney Ronald Goldszer of Silverman and Goldszer who is being sanctioned by the judge.

Case Number: BC627552 Hearing Date: May 08, 2018 Dept: 7

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

On July 19, 2016, Plaintiffs Elizabeth Ursua and Alfonso G. Aquino (collectively, “Plaintiffs”) filed this action against Defendants Caviar L.A., Inc., Kevin Andrews Morgan, California Rent A Car, and Bounty Co. for motor vehicle negligence relating to a July 20, 2014 automobile accident.

On January 11, 2018, Defendant Caviar L.A., Inc. (“Defendant”) served Form Interrogatories and Request for Production of Documents on each Plaintiff. (Declaration of Jacqueline L. Shulman, ¶ 3; Exh. A.) After receiving no responses, defense counsel sent a meet and confer letter to Plaintiffs’ counsel on March 14, 2018. (Shulman Decl., ¶ 5.) However, to date, no responses have been served. Defendant moves to compel Plaintiffs’ responses to discovery requests 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; 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.)

Plaintiffs filed no opposition to these Motions and it is undisputed Plaintiffs failed to serve timely responses to discovery requests. Accordingly, the Motions to compel are GRANTED. Plaintiffs are each ordered to serve responses to Defendant’s Form Interrogatories and Request for Production of Documents within twenty (20) days of the date of this Order.

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); Sinaiko Healthcare Consulting, Inc., supra, 148 Cal.App.4th at p. 404.)

The request for monetary sanctions is GRANTED. Monetary sanctions are imposed against each plaintiff and their counsel of record, jointly and severally, in the amount of $645.00 for 1.5 hours preparing these unopposed Motions and attending the hearing, at counsel’s rate of $350.00 per hour and $120.00 filing fees, for a total of $1,290.00 being paid to defense counsel, within twenty (20) days of the date of this Order.

Moving party to give notice.