Case Number: 18STCV06413 Hearing Date: November 22, 2019 Dept: 4B

[TENTATIVE] ORDER RE: MOTIONS TO COMPEL AND DEEM ADMITTED

On November 28, 2018, Plaintiff Leslie Cocom (“Plaintiff”) filed this action against Defendants Jonathan Mitchell (“Mitchell”) and Marilyn Snider (“Snider”) (collectively “Defendants”) for negligence, negligence per se, and statutory liability based on a car accident on December 5, 2016. On August 12, 2019, Plaintiff served Defendant Jonathan Mitchell (“Mitchell”) with Requests for Production, Form Interrogatories, Special Interrogatories, and Requests for Admissions. The same day, Plaintiff served Form Interrogatories and Requests for Admissions on Defendant Marilyn Snider (“Snider”). On September 25, 2019, Plaintiff’s counsel served and filed Notices of Waiver of Defendant’s Objections on all parties. On October 14, 2019, Plaintiff’s counsel sent a letter to defense counsel about the discovery responses. Plaintiff received no responses. Plaintiff then filed motions to compel responses to the Requests for Production, Form Interrogatories, and Special Interrogatories. Plaintiff filed motions to deem admitted the Requests for Admissions served on Mitchell and Snider.

In their opposition, Mitchell and Snider attach a September 16, 2019 email asking for a three week extension to respond to the discovery. According to defense counsel, Plaintiff’s counsel never responded. Defense counsel states Snider is 80 years old, requires assistance with reading, and has difficulty communicating, and Mitchell is incarcerated. Also attached are verified responses to the Requests for Admission.

The motions to compel responses to the Requests for Admission are MOOT. The remaining motions to compel are GRANTED. Mitchell and Snider are ordered to serve verified responses, without objection, to Plaintiff’s outstanding discovery requests within twenty (20) days of the date of this Order.

Sanctions for the late responses to the Requests for Admission are mandatory. Accordingly, the Court awards $300 in sanctions against Mitchell and his counsel, jointly and severally, to be paid within 20 days of the date of this order and $300 against Snider and her counsel, jointly and severally, to be paid within 20 days of the date of this order. The Court does not order sanctions for the other motions. Plaintiff should have granted the request for an extension of time to respond. Defendants acted with substantial justification due to Snider’s age and condition and Mitchell’s incarceration.

Moving party to give notice.