Case Number: 18STCV09574 Hearing Date: October 25, 2019 Dept: 4B

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S RESPONSES TO SPECIAL INTERROGATORIES; REQUEST FOR MONETARY SANCTIONS

On December 26, 2018, Plaintiff Nannie Wilkerson (“Plaintiff”) filed this action against Defendant Laura Myren (“Defendant”) to recover wrongful death damages arising from a motorcycle-automobile accident. On June 14, 2019 Defendant served her first set of Special Interrogatories on Plaintiff. On August 8, 2019, defense counsel sent a meet and confer letter and requested responses by August 19, 2019. The parties stipulated to a one week extension to August 26, 2019. Defendant did not receive verified responses. Defendant seeks to compel Plaintiff’s responses to discovery and requests 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 states she timely served responses on August 26, 2019. However, the responses are unverified. Unverified responses are tantamount to no responses. (Appleton v. Superior Court (1988) 206 Cal.App.3d 632,636.) On October 9, 2019, Plaintiff sent an incomplete verification form which does not identify the document being verified and is not dated. Further, Plaintiff waived the right to assert all objections when she failed to timely respond or object to the Special Interrogatories. (Civ. Proc. Code § 2030.290(a).) Thus, Defendant’s motion to compel responses is GRANTED. Plaintiff is ordered to serve properly verified responses, without objection, to Defendant’s Special Interrogatories 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).) Defendant’s request for monetary sanctions is GRANTED and imposed against Plaintiff and counsel of record, jointly and severally, in the reduced amount of $510.00 for three hours at defense counsel’s hourly rate of $150.00 and $60.00 in filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.