Case Number: BC690807 Hearing Date: October 16, 2018 Dept: 7

[TENTATIVE] ORDER RE: PLAINTIFFS’ MOTION TO COMPEL FURTHER RESPONSES

On January 17, 2018, Plaintiffs Lindsey Therese Knight and Kyrstin Nicole Knight (collectively, “Plaintiffs”) filed this action against Defendants Brian Bulos Khoury, and Nader Khoury CE Engineering Structers, Inc. (collectively, “Defendants”) for injuries sustained in an April 15, 2016 automobile accident. On April 24, 2018, Plaintiffs served written discovery requests on Defendant. On June 26, 2018, Defendants served unverified and insufficient responses. On June 28, 2018, Defendants served verifications. The parties met and conferred and participated in an informal discovery conference on September 25, 2018. On October 10, 2018, Defendants served partial supplemental responses. However, Plaintiffs argue the supplemental responses are still insufficient. Plaintiffs move to compel further responses and monetary sanctions.

Defendants argue these motions to compel further were untimely filed and that notice of the motions was improper. Notice of a motion for an order compelling further responses shall be given within 45 days of the service of the verified responses, or any supplemental verified response. (Code of Civ. Proc., § 2031.310, subd. (b)(2).) Defendant Brian Koury’s verifications were served on June 28, 2018. Plaintiffs were required to file these motions by September 10, 2018 (45 days plus 5 days for service by mail). These motions were timely filed on September 6, 2018. Further, the hearings on these motions were continued from September 28 to this date so that the parties could participate in an IDC. Therefore, Defendants have had sufficient time to oppose these motions before the hearing.

Upon receipt of responses to discovery requests, the propounding party may move for an order compelling a further response if the propounding party deems that the responses are evasive, incomplete, an objection is without merit or too general. (Code of Civ. Proc., § 2031.310, subd. (a).)

Plaintiffs argue any objections are waived because Defendants failed to serve timely verified responses. It is well-settled that “unsworn responses are tantamount to no responses at all.” (Appleton v. Superior Court (1888) 206 Cal.App.3d 632, 636; Zorro Inv. Co. v. Great Pacific Securities Corp. (1977) 69 Cal.App.3d 907, 914.) A party that fails to serve a timely response to discovery requests waives any objections to the request, including one based on privilege or the protection of attorney work product. (Code of Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a), 2033.280, subd. (a).) The Court agrees Defendants have waived all objections by failing to timely respond to Plaintiffs’ discovery.

As to the specific responses at issue, Defendants are ordered to serve further responses to the following discovery requests within twenty (20) days of the date of this Order:

(1) Form Interrogatories Nos. 4.1 ad 4.2 relating to Defendants’ commercial insurance policy; and

(2) Request for Production of Documents No. 24.

Plaintiffs seek $3,060.00 in monetary sanctions. The court shall impose a monetary sanction against the party who unsuccessfully makes or opposes a motion to compel further responses to interrogatories or demand for production of documents, unless the party subject to the sanction acted with substantial justification or the sanction would otherwise be unjust. (Code of Civ. Proc., §§ 2030.300, subd. (d), 2031.310, subd. (h), 2033.290, subd. (d).)

Monetary sanctions are GRANTED and imposed against Defendants and their counsel of record, jointly and severally, in the reduced amount of $960.00, for three hours at Plaintiffs’ counsel’s rate of $300.00 per hour for costs associated with filing this motion, appearing at the IDC, and filing a supplemental declaration, and $60.00 filing fee. This sanction is to be paid within twenty (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 SSCDEPT7@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court’s website at www.lacourt.org.