Case Number: 19STCV24523 Hearing Date: March 17, 2020 Dept: 27

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S RESPONSES TO DISCOVERY AND MONETARY SANCTIONS

On July 15, 2019, Plaintiff Nazario Tiburcio Hernandez (“Plaintiff”) filed this action against Defendants Sara Maria Garcia (“Defendant”) and Does 1 to 25 for motor vehicle and general negligence relating to a July 15, 2017 vehicle accident. On October 7, 2019, Defendant served Set One of Form Interrogatories, Set One of Special Interrogatories, and Set One of Request for Production of Documents. Plaintiff requested a two-week extension, which Defendant granted. Defense counsel called and wrote Plaintiff’s counsel about the missing responses, but has not received responses. Defendant moves to compel Plaintiff’s responses to discovery requests and monetary sanctions against Plaintiff’s counsel only.

Compel Responses

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).)

Plaintiff filed no opposition to these motions and did not serve responses to Defendant’s discovery. Accordingly, the motions to compel are GRANTED, and Plaintiff is ordered to serve verified responses, without objection, to Defendant’s Form Interrogatories, Special Interrogatories, and Request for Production of Documents within twenty (20) days of the date of this order.

Monetary Sanctions

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).) The request for monetary sanctions is GRANTED and imposed against Plaintiff and Plaintiff’s counsel in the reduced amount of $900.00 to be paid within twenty (20) days of the date of this order.

Moving party to give notice.