Case Number: 18STCV01593 Hearing Date: March 02, 2020 Dept: 27

[TENTATIVE] ORDER RE: MOTION FOR ORDER COMPELLING RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS

On October 17, 2018, Plaintiffs Mario Fajardo (“Plaintiff”) and Alejandra Fajardofiled this action against Defendants Clive Reid and Amco Foods, Inc. for injuries sustained in a December 9, 2016 automobile accident. On November 26, 2019, Plaintiff served Request for the Production of Documents on Reid. Reid did not request any extensions. After not receiving responses, Plaintiff’s counsel sent a meet and confer letter, but received no response. Plaintiff moved to compel Reid’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.) 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).)

Reid filed no opposition to this motion and failed to serve responses to the document requests. Accordingly, the motion to compel Reid’s responses is GRANTED. Reid is ordered to serve verified responses, without objection, to the Request 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).) Plaintiff’s request for monetary sanctions is GRANTED and imposed against Reid and counsel of record, jointly and severally, in the amount of $760.00, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.