Case Number: 19STCV15116 Hearing Date: November 13, 2019 Dept: 4B

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

On May 1, 2019, Plaintiff Marilyn Sue Lawrence (“Plaintiff”) filed this action against Defendants Robert D. Heron and Claire L. Heron (collectively, “Defendants”) for premises liability and general negligence arising out of a fall. On August 9, 2019, Defendants served Special Interrogatories, Set One, Demand for Identification and Production of Documents, Set One, and Form Interrogatories, Set One. Plaintiff did not response. On September 17, 2019, defense counsel sent a letter asking about the responses. Plaintiff did not respond. Defendants 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 did not serve responses to Defendants’ requests for discovery. Accordingly, the Motions to compel Plaintiff’s responses are GRANTED. Plaintiff is ordered to serve verified responses, without objection, to Defendants’ Special Interrogatories, Set One, Demand for Identification and Production of Documents, Set One, and Form Interrogatories, Set One 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).) Defendants’ request for monetary sanctions is GRANTED and imposed against Plaintiff and counsel of record, jointly and severally, in the reduced amount of $630.00 for three hours at defense counsel’s hourly rate of $150.00 and $180.00 in filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.