Case Number: BC673334 Hearing Date: May 01, 2019 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

MIA GARCIA,

Plaintiff(s),

vs.

WAL-MART STORES, INC., ET AL.,

Defendant(s).

Case No.: BC673334

[TENTATIVE] ORDER GRANTING MOTIONS TO COMPEL; IMPOSING SANCTIONS

Dept. 3

1:30 p.m.

May 2, 2019

The hearing for any party wishing to present oral argument will be May 8, 2019, at 1:30 p.m.

Defendant filed seven motions to compel on 3/08/19, setting them for hearing on 4/16/19, 4/17/19, and 4/18/19. The Court continued the hearing on the motions to 5/02/19. Defendant subsequently withdrew one of the seven motions, conceding Plaintiff served responses to RFAs, set two, on 4/12/18, well before Defendant filed the motions.

Plaintiff, in opposition to the motions, indicates she served responses to all of the outstanding discovery on 4/03/19. She implores the Court not to impose sanctions. Counsel argues the failure to serve timely responses was due to an inability to communicate with Plaintiff.

Defendant, in reply, argues (a) the motions are not moot, as the responses include objections, and (b) sanctions are appropriate because the responses Plaintiff ultimately served are riddled with objections, even though objections have been waived, and Plaintiff and her attorney’s conduct necessitated the filing of the motions.

The service of responses does not prevent the Court from granting a motion to compel. See Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404-06. Plaintiff is ordered to serve verified responses, without objections, to all of the subject discovery within ten days.

The Court finds imposition of sanctions appropriate. Defendant attempted to meet and confer prior to filing the motions. Declaration of Counsel, ¶5 to each motion. Plaintiff’s attorney does not declare or otherwise establish that he attempted to meet and confer about his loss of contact with Plaintiff. Additionally, to the extent the late-served responses include objections, they are improper.

Defense Counsel bills at the rate of $175/hour. The Court awards one hour to prepare each of the six discovery motions. The Court awards one hour total to prepare the notice of non-opposition and one hour to prepare the reply. The Court awards two hour to appear at the hearing. The Court therefore awards a total of ten hours of attorney time at the rate of $175/hour, or $1750 in attorneys’ fees. The Court also awards six filing fees of $60 each, or $360 in costs.

Sanctions are sought and imposed against Plaintiff and her attorney of record, jointly and severally. They are ordered to pay sanctions to Defendant, by and through its attorney of record, in the total amount of $2110, within twenty days.

Defendant is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.

The hearing for any party wishing to present oral argument will be May 8, 2019, at 1:30 p.m.