Case Number: BC693801 Hearing Date: October 09, 2019 Dept: 4B

[TENTATIVE] ORDER RE: CROSS-DEFENDANT’S MOTIONS TO COMPEL CROSS-COMPLAINANT’S RESPONSES TO DISCOVERY

On February 13, 2018, Plaintiff Michael Guardado filed this action against Defendant Stanley Chersky for motor vehicle and general negligence. On May 17, 2018, Chersky and Sta-Mik Metals Co., Inc. filed a cross-complaint against Guardado for motor vehicle negligence.

On June 14, 2019, Cross-Defendant Guardado served Form Interrogatories (Set One) and Request for Production of Documents (Set One) on Cross-Complainant Chersky. Responses were due on July 14, 2019. On August 26, 2019 and September 5, 2019, Cross-Defendant’s counsel sent meet and confer emails to Chersky’s counsel, demanding responses. To date, Cross-Defendant’s counsel has not received any responses. Cross-Defendant thus seeks to compel Cross-Complainant Chersky’s responses to outstanding discovery.

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.)

Cross-Complainant Chersky has filed no opposition to these Motions to compel and it is undisputed Chersky served no responses to Cross-Defendant’s discovery requests. Accordingly, the Motions to compel are GRANTED and Cross-Complainant Chersky is ordered to serve responses 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).) Cross-Defendant’s request for monetary sanctions is GRANTED and imposed against Cross-Complainant Chersky and Chersky’s counsel, jointly and severally, in a total amount of $525.00 for 3 hours attorney time at $175.00 per hour, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.