Case Number: BC724479 Hearing Date: April 05, 2019 Dept: 4B

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

On October 5, 2018, Plaintiff Irene Bracamontes (“Plaintiff”) filed this action against Defendant Wash Depot Holdings, Inc. (“Defendant”) for premises liability and negligence relating to injuries sustained on an alleged dangerous condition on Defendant’s property. On November 19, 2018, Defendant served Set One of Request for Production of Documents and Form Interrogatories on Plaintiff. (Declaration of Mark V. Santa Romana, ¶ 3.) To date, Plaintiff has served no responses. (Romana Decl., ¶ 4.) Defendant moves to compel Plaintiff’s responses, without objection, 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.)

Plaintiff filed no opposition to these Motions, and it is undisputed she failed to timely respond to Defendant’s discovery requests. Accordingly, the Motions to compel Plaintiff’s responses to discovery are GRANTED and Plaintiff is ordered to serve verified responses, without objection, to Defendant’s Form Interrogatories and Request for Production of Documents 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 Civ. Proc., § 2030.290, subd. (c), 2031.300, subd. (c).) Monetary sanctions are GRANTED and imposed against Plaintiff and Plaintiff’s counsel, jointly and severally, in the reduced amount of $720.00 for two hours at defense counsel’s hourly rate of $300.00 and $120.00 filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.