Case Number: BC676337 Hearing Date: January 15, 2020 Dept: 27

[TENTATIVE] ORDER RE MOTIONS TO COMPEL FURTHER RESPONSES

Plaintiff filed this action on September 19, 2017 alleging damages arising from a motor vehicle accident on September 19, 2015. On March 14, 2019, Defendant served form interrogatories, special interrogatories, requests for production of documents, and requests for admission. Defendant gave Plaintiff several extensions of time to respond. On June 26, 2019, Plaintiff served verified responses. The parties spent months meeting and conferring. On September 11, 2019, Plaintiff served unverified further responses. At an IDC on November 8, 2019, the parties reached an agreement without court involvement.

Defendant now contends Plaintiff did not provide verifications or further responses as they had agreed. Defendant filed four motions to compel on December 12, 2019. Plaintiff did not file oppositions. The motions to compel are scheduled for hearing on January 15, 16, and 17, 2020. All four motions will be heard on January 15. The Court rules as follows:

Form Interrogatories

Nos. 2.5, 2.6, 2.8, 6.4, 6.5, 6.7, 7.1, 7.2, 8.4, 8.6, 8.7, 8.8, 10.1, 13.1, 13.2, 17.1: The motion is GRANTED. Plaintiff is to serve verified further responses to these form interrogatories within 20 days of the date of this order.

Special Interrogatories

No. 1: The motion is GRANTED in part. Plaintiff apparently was in another car accident earlier in 2015. Information about her injuries, if any, from that accident could be related to or lead to the discovery of admissible evidence about the injuries she sustained in the later accident. Accordingly, within 20 days of the date of this order, Plaintiff is to serve a verified further response concerning treatment or examinations she received from September 19, 2010 to the present concerning the body parts at issue in this case. Defendant has not shown that information about treatment or examinations unrelated to the body parts at issue are relevant or reasonably calculated to lead to the discovery of admissible evidence.

No. 2: The motion is GRANTED in part. Plaintiff is to serve a verified further response providing the information about non-privileged conversations.

Requests for Production

Nos. 3, 6, 7, 8, 9, 11, 13, 18, 12, 22, 25, 33, 35, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54: The motion is GRANTED. Plaintiff is to serve verified further responses to these requests for production and produce responsive documents within 20 days of the date of this order. To the extent Plaintiff is withholding documents as privileged or protected by the work product doctrine, Plaintiff may continue to withhold those documents, but must serve a privilege log within 20 days of the date of this order.

Requests for Admission

Nos. 28, 30: The motion is GRANTED. Plaintiff is to serve verified further responses to these requests for admission within 20 days of the date of this order.

Defendant requests sanctions of $2,910, $3,290, $3290, and $3,290 for the four motions for a total of $12,780, representing 66 hours of work. This amount is excessive. The time is duplicative, covers meeting and conferring that Defendant would need to have done even if the disputes had been resolved, and includes time for non-existent oppositions and replies. The four motions were largely duplicative and contained pages of general law. The Court awards $1,760 in sanctions against Plaintiff and Plaintiff’s counsel, jointly and severally, to be paid within 20 days of the date of this order.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative.