Case Number: BC715972 Hearing Date: March 04, 2019 Dept: 4B

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S RESPONSES TO DISCOVERY AND MONETARY SANCTIONS; GRANTED

On July 27, 2018, Plaintiff Freddy Radilla (“Plaintiff”) filed this action against Defendants Federal Express Corporation (“Defendant”) and Shawn Estero (collectively, “Defendants”) for motor vehicle negligence relating to an August 11, 2016 automobile accident. Defendant moves to compel Plaintiff’s responses to discovery and monetary sanctions.

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; 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 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.)

On October 15, 2018, Defendant served Set One of Form Interrogatories, Special Interrogatories, and Requests for Production of Documents on Plaintiff. (Declaration of Linda S. Bauermeister, ¶ 3.) Defense counsel granted two extensions on responses and sent a final meet and confer letter on December 31, 2018. (Bauermeister Decl., ¶ 3.) Plaintiff never served responses.

Plaintiff filed a late opposition to these Motions. Plaintiff’s counsel states she has been unable to reach her client, which is why she asked for the extensions.

The Motions to compel responses are GRANTED and Plaintiff is ordered to serve verified responses, without objection, to Defendant’s Form Interrogatories, Special Interrogatories, and Requests for Production of Documents within twenty (20) days of the date of this Order.

However, the Court notes these motions to compel responses to form interrogatories, special interrogatories, and requests for production were filed as two motions and two filing fees paid, but should have been filed as three motions and three filing fees paid. Defendant is ordered to pay the additional filing fee prior to the hearing on these Motions and to bring proof of payment to the hearing. If payment is not made, the hearing will be continued so that the additional filing fee may 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 Civ. Proc., § 2030.290, subd. (c), 2031.300, subd. (c).) The request for monetary sanctions is GRANTED and imposed against Plaintiff in the amount of $590.00 for two hours at defense counsel’s hourly rate of $205.00, the $120.00 filing fees already paid, and the $60.00 additional filing fee ordered to be paid, to be paid to defense counsel within twenty (20) days of the date of this Order.

Moving party to give notice.