Case Number: BC648913 Hearing Date: April 11, 2018 Dept: 53

sahabeddin turan vs. west coast organic modernism, inc., et al. ; BC648913, APRIL 11, 2018

[Tentative] Order RE: PLAINTIFF’S MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES – GENERAL, SET ONE (1); PLAINTIFF’S MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES – EMPLOYMENT LAW, SET ONE (1); PLAINTIFF’S MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES, SET ONE (1); PLAINTIFF’S MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE (1); AND REQUEST FOR SANCTIONS AGAINST DEFENDANT WEST COAST ORGANIC MODERNISM, INC.

Plaintiff’s Motions to Compel Responses to Form Interrogatories – General, Set One (1), Form Interrogatories – Employment Law, Set One (1), Special Interrogatories, Set One (1), and Requests for Production of Documents, Set One (1) are GRANTED. Plaintiff’s Request for Sanctions against Defendant West Coast Organic Modernism, Inc. is GRANTED in the total amount of $3,240.00.

BACKGROUND

Plaintiff Sahabeddin Turan (“Plaintiff”) filed this employment action on January 31, 2017 against Defendants West Coast Organic Modernism, Inc. (“WCOM”) and Organic Modernism, Inc. (jointly, “Defendants”). Plaintiff’s operative First Amended Complaint (“FAC”) asserts various wage and hour causes of action as well as FEHA causes of action.

On October 19, 2017, Plaintiff served written discovery requests to WCOM, including Form Interrogatories – General, Set One; Form Interrogatories – Employment Law, Set One; Special Interrogatories, Set One; and Requests for Production of Documents, Set One (collectively, the “Written Discovery”). (Mazeika Decl., ¶ 7.) WCOM failed to respond by the deadline. (Mazeika Decl., ¶ 7.) On January 22, 2018, Plaintiff’s counsel attempted to meet and confer with WCOM’s counsel regarding the lack of response. (Mazeika Decl., ¶ 8, Ex. B.) Plaintiff’s counsel again attempted to meet and confer on February 23, 2018. (Mazeika Decl., ¶ 9, Ex. C.)

Plaintiff now moves to compel responses to the Written Discovery. Plaintiff also seeks monetary sanctions in the amount of $1,410.00 for each motion, totaling $5,640.00. No opposition to this motion was filed.

DISCUSSION

A party that fails to serve a timely response to the discovery request waives any objection to the request, including one based on privilege or the protection of attorney work product. (Code Civ. Proc., §§ 2030.290(a), 2031.300(a); Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.) The propounding party may move the court for orders compelling responses to interrogatories and demands for inspection. (Code Civ. Proc., §§ 2030.290(b), 2031.300(b); Sinaiko Healthcare Consulting, Inc., supra, 148 Cal.App.4th at 404.) If a propounding party moves for and obtains a court order compelling a response, the court shall impose monetary sanctions against the party failing to timely respond to interrogatories and demands for inspection unless that party acted with substantial justification or the sanction would otherwise be unjust. (Code Civ. Proc., §§ 2030.290(c), 2031.300(c); Sinaiko Healthcare Consulting, Inc., supra, 148 Cal.App.4th at 404.)

The Court finds that WCOM has failed to timely serve responses to the Written Discovery. The Court further finds that there is no substantial justification for WCOM’s failure to respond to the Written Discovery, therefore the Court finds that sanctions are warranted. However, the Court finds that a reasonable attorney rate for the instant discovery motion is $250, and therefore awards sanctions in the amount of $3,240.00 [($250 x 3 hours + $60 filing fee) x 4].

CONCLUSION

Based on the foregoing, Plaintiff’s Motions to Compel Responses are GRANTED. WCOM is ordered to provide verified responses without objections to the Form Interrogatories – General, Set One (1), Form Interrogatories – Employment Law, Set One (1), Special Interrogatories, Set One (1), and Requests for Production of Documents, Set One (1) within 20 days of this Order. WCOM is further ordered to pay monetary sanctions in the amount of $3,240.00 to Plaintiff, by and through his counsel, within 30 days of this Order.

Plaintiff is ordered to give notice of this ruling.

DATED: April 11, 2018

_____________________________

Howard L. Halm

Judge of the Superior Court