Case Number: 19STCV06938 Hearing Date: November 13, 2019 Dept: 2

Richards v. Los Angeles County Metropolitan Transportation Authority

Defendant’s Motion to Compel Responses to Form Interrogatories, Set Two; Request for Sanctions, filed on 10/10/19 is GRANTED.

The moving papers establish that Defendant served Form Interrogatories, Set Two on Plaintiff on 7/25/2019 and that no responses were served. Defense counsel attempted to meet and confer, but no response was made. This motion was filed on 10/10/2019.

On 11/05/2019, Plaintiff’s counsel filed a document entitled “Opposition to Motion to Compel Declaration of Kenneth C. Yeager.” The proof of service indicates that it was served by mail. The declaration states: “This Motion should be off calendar. Supplemental discovery have been provided.”

The opposition is untimely. The opposition was due on 10/30/2019, nine court days before the hearing. Cal Code Civil Procedure § 1005(b). Service was required to be made in a manner to ensure delivery by the next day. The Court declines to consider the late filed opposition.

But even if the Court were to consider it, it would not change the result. The vague, unsupported statement that “supplemental discovery have [sic] been provided” – without any identification of what discovery was provided or when and without any exhibits or any indication whether the responses were verified – is simply not sufficient.

Accordingly, Plaintiff, Ingrid Richards, is ordered to provide verified responses to the Form Interrogatories, Set Two without objections within 20 days. Cal Code Civ Procedure §2031.300, 2030.290.

The court imposes sanctions of $720 against Plaintiff, Ingrid Richards, and her counsel of record, Kenneth C. Yeager, jointly and severally, for the failure to timely respond to authorized methods of discovery, which is discovery abuse. Cal Code Civil Procedure §2030.290(c); 2031.300(c).

Moving party is ordered to give notice.