Lawzilla Additional Information: Plaintiffs are represented by attorney Roland Tijerina

Case Number: BC703775 Hearing Date: August 20, 2019 Dept: 4B

[TENTATIVE] ORDER RE: MOTIONS TO COMPEL

On April 25, 2018, Plaintiffs filed this action against Defendants for negligence and loss of consortium arising out an automobile accident. On October 31, 2018, Defendants served their first set of discovery. (Antaramian Decl., ¶ 2, Exhs. A-I.) Defendants were advised that the litigation file was stolen from Plaintiff’s counsel’s car. Defendants thereafter served a second set of discovery requests on each Plaintiff on December 19, 2018. (Id. at ¶¶ 4-5, Exhs. L-T.) Defendants granted multiple extensions but have not received responses as of filing of these motions. (Id. at ¶¶ 6-8.) On July 1, 2019, Defendants filed three motions to compel discovery responses.

Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code Civ. Proc., §§ 2030.290, 2031.300.) 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 Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).)

Plaintiffs’ counsel filed a declaration in opposition to the motions stating that responses will be forthcoming prior to the hearing. However, nothing has been filed to indicate that responses have been served as of this date.

Accordingly, the Motions to compel Plaintiffs’ responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents are GRANTED. Plaintiffs are ordered to serve verified responses, without objection, to Plaintiff’s discovery requests 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).) The Court awards sanctions in the amount of $720.00 jointly and severally against Plaintiffs’ and Plaintiffs’ counsel to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.