Case Number: 19STCV00668 Hearing Date: August 19, 2019 Dept: 4B

[TENTATIVE] ORDER RE: MOTION TO COMPEL

On January 14, 2019, Plaintiff filed this action against Defendant for negligence arising out an automobile accident. On July 16, 2019, Defendant served Plaintiff with Set One of Form Interrogatories. (Hillier Decl., ¶ 2; Exh. A.) On April 16, 2019, Plaintiff’s counsel requested an extension until April 30, 2019. (Id. at ¶ 3, Exh. B.) On June 25, 2019, defense counsel gave an extension of ten days. (Id. at ¶ 4, Exh. C.) Plaintiff did not serve responses or oppose this motions.

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.) 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).)

The Motion to compel Plaintiff’s responses to Form Interrogatories are GRANTED. Plaintiff is ordered to serve verified responses, without objection, to Defendant’s discovery request 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).) The Court awards sanctions in the amount of $410.00 against Plaintiff and Plaintiff’s counsel jointly and severally. Sanctions to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.