Case Number: 19STCV07967 Hearing Date: November 07, 2019 Dept: 4B

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

On March 8, 2019, Plaintiff Maria Valera (“Plaintiff”) filed this action against Defendants City of Bell Gardens (“City”), County of Los Angeles, City of Los Angeles, and the State of California for premises liability arising out of a September 28, 2018 trip and fall. On April 18, 2019, City served Special Interrogatories, Form Interrogatories, and two sets of Requests for Production of Documents on Plaintiff. City granted five extensions of time to respond, but Plaintiff did not serve responses. City seeks to compel Plaintiff’s responses to discovery and monetary sanctions.

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 it is undisputed Plaintiff failed to serve responses to City’s requests for discovery. Accordingly, the Motions to compel Plaintiff’s responses are GRANTED. Plaintiff is ordered to serve verified responses, without objection, to City’s Special Interrogatories, Form Interrogatories, and two sets of Requests for Production of Documents 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).) City’s request for monetary sanctions is GRANTED and imposed against Plaintiff and counsel of record, jointly and severally, in the reduced amount of $615.00 for three hours at defense counsel’s hourly rate of $205.00 to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.