Case Number: BC638174 Hearing Date: February 07, 2019 Dept: 4B

[TENTATIVE] ORDER RE: DEFENDANT’S MOTIONS TO COMPEL PLAINTIFF’S RESPONSES TO FORM INTERROGATORIES AND REQUESTS FOR PRODUCTION AND MONETARY SANCTIONS; GRANTED

On October 20, 2016, Plaintiff Roberto Gomez (“Plaintiff”) filed this action against Defendant Costco Wholesale Corporation (“Defendant”) for personal injuries sustained in a November 14, 2014 trip and fall incident. Defendant moves to compel Plaintiff’s responses to form interrogatories and requests for production of documents. Defendant also seeks 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.)

On July 11, 2017, Defendant served form interrogatories and requests for production of documents on Plaintiff. (Declaration of James S. Link, ¶ 3; Exh. A.) To date, Plaintiff has not responded to Defendant’s discovery requests. Plaintiff did not oppose the Motions. The Motions to compel Plaintiff’s responses are GRANTED. Plaintiff is ordered to serve verified responses, without objection, to Defendant’s form interrogatories and requests for production 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).) Monetary sanctions are GRANTED and imposed against Plaintiff and his counsel of record, jointly and severally, in the reduced amount of $510.00 for two hours at defense counsel’s hourly rate of $195.00 and $120.00 in filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.