Case Number: BC656254 Hearing Date: December 10, 2019 Dept: 61

Defendants Ramirez and Jose Miguel Bonilla’s Motions to Compel Responses to Special Interrogatories and Requests for Production, Set One, form Plaintiff Jaime Farias are GRANTED. Sanctions are awarded against Farias and his counsel in the amount of $1,240.

MOTIONS TO COMPEL

A propounding party may demand a responding party to produce documents that are in their possession, custody or control. (Code Civ. Proc., § 2031.010.) A party may likewise conduct discovery by propounding interrogatories to another party to be answered under oath. (Code Civ. Proc. § 2030.010, subd. (a).) The responding party must respond to the production demand either by complying, by representing that the party lacks the ability to comply, or by objecting to the demand. (Code Civ. Proc., § 2031.210.) The responding party must respond to the interrogatories by answering or objecting. (Code Civ. Proc. § 2030.210, subd. (a).) If the responding party fails to serve timely responses, the propounding party may move for an order compelling responses to the production demand and interrogatories. (Code Civ. Proc., §§ 2030.290, 2031.300.)

A party who fails to serve a timely response to interrogatories or a demand for inspection waives any objection to the demand. (Code Civ. Proc., §§ 2030.290, 2031.300.)

Ramirez and Bonilla argue that they served Special Interrogatories and Requests for Production upon Farias on May 7, 2019, and that despite their efforts to secure responses, no responses have been served. (Sklar Decl. ¶¶ 3–5.)

In opposition, Farias contends that he will provide responses before hearing in this matter. (Opposition at p. 2.)

If code-compliant and objection-free responses are not provided by the hearing on this motion, the motions will be GRANTED.

SANCTIONS

The prevailing party on a motion to compel is generally entitled to monetary sanctions, unless the court “finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc. §§ 2030.290, 2031.300.) Sanctions are also mandatory against a party whose failure to serve responses to requests for admission makes the motion necessary. (Code Civ. Proc. § 2033.280, subd. (c).)

Ramirez and Bonilla ask for $1,560.00 in sanctions with each motion, representing six hours of work at $250 per hour plus a $60 filing fee for each motion, or a total request of $6,240.00. The court awards $1,240 in sanctions against Farias and his counsel.

Defendants to provide notice.