Case Number: BC689046 Hearing Date: October 25, 2019 Dept: 4B

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

On January 4, 2018, Plaintiff Glen Caspillo (“Plaintiff”) filed this action against Defendant Big Lots, Inc. (“Defendant”) for premises liability arising out of a January 6, 2016 slip and fall. On October 11, 2018, Plaintiff served Special Interrogatories (Set One) Form Interrogatories (Set Two), Requests for Production of Documents (Set One), Requests for Admissions (Set One), and Requests for Admissions on Plaintiff. (Declaration of Krystale Rosal, ¶ 2.) Defendant was granted two extensions on responses. After no responses were received, Plaintiff’s counsel sent a meet and confer letter on May 15, 2019. On May 29, 2019, Plaintiff’s counsel sent a second letter. Counsel also followed up by email on June 24, 2019 and via letter on September 23, 2019. Plaintiff received no responses or response to counsel’s meet and confer as of the date of filing of these motions. (Rosal Decl., ¶ 8.)

On October 22, 2019, three days before the hearing, Defendant filed a response to the motions. Defendant states it served responses on October 11, 2019. The motions to compel responses are denied as MOOT.

The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even where the requested discovery was provided to the moving party after the motion was filed. (Cal. Rules of Court, Rule 3.1348(a).) Defendant has no excuse for taking a year to serve the responses, and there is no reason to think Defendant would have ever served responses if Plaintiff had not filed the motions. Plaintiff’s request for monetary sanctions is GRANTED and imposed against Defendant and counsel of record, jointly and severally, in the amount of $1,740.00, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.