Case Number: BC703449 Hearing Date: November 18, 2019 Dept: 4B

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

On April 23, 2018, Plaintiff Lidia Mkhitarian (“Plaintiff”) filed this action against Defendant Dorothy Ann Jackson (“Defendant”) for negligence arising from an automobile accident. On July 30, 2019, Defendant served Supplemental Interrogatories (Set One) and Supplemental Demand for Inspection and Production of Documents (Set One) on Plaintiff. After the deadline to provide responses passed, defense counsel reminded Plaintiff to provide responses and documents. Defendant did not receive responses or documents. Defendant moves to compel.

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 did not serve responses to Defendant’s requests for discovery. Accordingly, the Motions to compel Plaintiff’s responses are GRANTED. Plaintiff is ordered to serve verified responses, without objection, to Defendant’s Supplemental Special Interrogatories (Set One) and Supplemental Demand for Inspection and Production of Documents (Set On) 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).) Defendant’s request for monetary sanctions is GRANTED and imposed against Plaintiff and counsel of record, jointly and severally, in the amount of $407.50 for two hours at defense counsel’s hourly rate of $143.75 and $120.00 in filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.