Case Number: 19STCV01910 Hearing Date: December 17, 2019 Dept: 4B

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

On January 18, 2019, Plaintiff Reeshemah Watson (“Plaintiff”) filed this action against Defendant Elsy Torres (“Defendant”) for injuries arising from a motor vehicle accident. On May 13, 2019, Defendant served Form Interrogatories (Set Number One), Special Interrogatories (Set Number One), and Request for Production of Documents (Set Number One) on Plaintiff. On August 20, 2019, defense counsel sent a letter to Plaintiff’s counsel requesting the responses. Defendant did not receive responses. Defendant seeks to compel Plaintiff’s responses to discovery and 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).)

Plaintiff filed no opposition to these Motions and did not serve responses to Defendant’s requests for discovery. Accordingly, the Motions to compel Plaintiff’s responses are GRANTED. Plaintiff is ordered to serve verified responses, without objection, to Defendant’s Form Interrogatories (Set Number One), Special Interrogatories (Set Number One), and Request for Production of Documents (Set Number 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).) Defendant’s request for monetary sanctions is GRANTED and imposed against Plaintiff in the reduced amount of $705.00 for three hours at defense counsel’s hourly rate of $175.00 and $180.00 in filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.