Case Number: BC667789 Hearing Date: December 26, 2018 Dept: 7

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

On July 10, 2017, Plaintiff Hana Vu Bui (“Plaintiff”) filed this action against Defendant Keo Giang (“Defendant”) for motor vehicle and general negligence relating to a December 22, 2016 automobile accident. On July 17, 2018, Defendant served Form Interrogatories, Special Interrogatories, and Request for Production of Documents on Plaintiff. (Declaration of Laureen A. Monty, ¶ 3; Exh. A.) On September 6, 2018, Defendant sent a meet and confer letter regarding outstanding responses, but received no responses. (Monty Decl., ¶¶ 4, 5; Exh. B.) Defendant seeks to compel Plaintiff’s responses 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.)

Plaintiff filed no opposition to these Motions and it is undisputed she failed to serve timely responses to Defendants’ discovery requests. Accordingly, the Motions to compel Plaintiff’s responses are GRANTED. Plaintiff is ordered to serve verified responses, without objection, to Defendant’s Form Interrogatories, Special Interrogatories, and Request for Production 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).) Defendant’s request for monetary sanctions is GRANTED and imposed against Plaintiff and Plaintiff’s counsel, jointly and severally, in the amount of $705.00 for three hours at defense counsel’s hourly rate and $180.00 in filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.