Case Number: 18STCV02712 Hearing Date: December 10, 2019 Dept: 4B

TENTATIVE] ORDER RE: DEFENDANTS LENI DIAZSORIOI AND ISABEL TORRES RODRIGUEZ’S MOTIONS TO COMPEL PLAINTIFFS’ RESPONSES TO DISCOVERY; MONETARY SANCTIONS

On October 29, 2018, Plaintiffs Ezequial Aquino, Marlenis Gonzalez, and Yeny Gonzalez (collectively, “Plaintiffs”) filed this action against Defendants Isabel Torres Rodriguez and Leni Diazsorioi (collectively, “Defendants”). On June 20, 2019, Defendants served each of the three Plaintiffs with Form Interrogatories, Set One, Special Interrogatories, Set One, and Demand for Production of Documents, Set One. Defendants granted five extensions for the responses but received none. Defendants seek to compel Plaintiffs’ responses to discovery and monetary sanctions. Plaintiffs did not file oppositions.

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).)

Plaintiffs filed no opposition to these Motions and did not serve responses to Defendants’ requests for discovery. Accordingly, the Motions to compel Plaintiffs’ responses are GRANTED. Plaintiffs are ordered to serve verified responses, without objection, to Defendants’ with Form Interrogatories, Set One, Special Interrogatories, Set One, and Demand for Production of Documents, 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.

Sanctions of $630 is granted against Ezequial Aquino and counsel of record, jointly and severally, to be paid within 20 days of the date of this order. Sanctions of $630 is granted against Marlenis Gonzalez and counsel of record, jointly and severally, to be paid within 20 days of the date of this order. Sanctions of $630 is granted against Yeny Gonzalez and counsel of record, jointly and severally, to be paid within 20 days of the date of this order.

Moving party to give notice.