LINDIA YOUNG VS ALBERTSONS LLC

Lawzilla Additional Information: Plaintiff is Represented by the McElfish Law Firm

Case Number: BC715879 Hearing Date: June 17, 2019 Dept: 2

Two (2) Motions by Defendant, The Vons Companies, Inc., to Compel Responses to Special Interrogatories, Set Two; and Request for Production of Documents, Set Two; Request for Sanctions are GRANTED in part.

Plaintiff served verified responses to the Request for Production of Documents, Set Two, but the responses to Special Interrogatories were not verified. Declaration of Tara Heckard-Bryant, Ex. C. and D.

Plaintiff, Lindia Young, is ordered to provide verified responses to Special Interrogatories without objections within ten (10) days. Cal. Code Civil Procedure § 2031.300, §2030.290. Untimely responses result in a waiver of objections. Cal. Code Civil Procedure §2030.290(a), § 2031.300(a).

Imposition of sanctions against Plaintiff, Lindia Young , and her counsel, McElfish Law Firm and Law Offices of D. Hess Panah & Associates, jointly and severally is warranted for failure to timely respond to authorized methods of discovery, which is discovery abuse.

Defendant’s Motion to Have Requests for Admission Deemed Admitted; Request for Sanctions is DENIED. Plaintiff served a verified response to the Requests for Admission on 5/24/19. Declaration of Tara Heckard-Bryant, Ex. A. An order to deem the responses admitted is not warranted.

Imposition of sanctions is mandatory where a party’s failure to respond necessitates the motion. Cal. Code Civil Procedure § 2033.280.

Accordingly, the court imposes total sanctions of $1,180 for all three motions against Plaintiff, Lindia Young, and her counsel, McElfish Law Firm, and Law Offices of D. Hess Panah & Associates. Such sanctions are payable within thirty (30) days.

Moving party is ordered to give notice.

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