Case Number: BC683713 Hearing Date: May 23, 2018 Dept: 3

TRACY CROSS,

Plaintiff(s),

vs.

SOCORRO LOPEZ CHAVEZ, ET AL.,

Defendant(s).

Case No.: BC683713

[TENTATIVE] ORDER GRANTING MOTIONS TO COMPEL

Dept. 3

1:30 p.m.

May 23, 2018

Defendant propounded form interrogatories and RPDs on Plaintiff, Tracy Cross, by and through her attorney of record, on multiple occasions; the fact that Plaintiff’s attorney had the wrong address on the summons and complaint led to confusion with respect to service of the documents. To date, despite multiple meet and confer attempts, Plaintiff has not served responses; at this time, Defendant moves to compel responses and for payment of sanctions.

Plaintiff, by and through Counsel, filed opposition to the motion on 5/10/18, essentially arguing that Counsel cannot locate Plaintiff and that Plaintiff therefore cannot provide meaningful responses. Plaintiff also argues Counsel should not be sanctioned because Counsel has tried diligently to locate Plaintiff, and Plaintiff should not be sanctioned because Plaintiff cannot state her reasons for failing to respond at this time.

Plaintiff has an independent obligation to prosecute her action; if she chooses not to communicate with her attorney and not to respond to discovery, she cannot continue to maintain her action. Defendant, correspondingly, is entitled to responses to outstanding discovery. The motions to compel are therefore granted. CCP §2030.290(a) and (b). Plaintiff is ordered to serve responses to the outstanding discovery within twenty days.

The remaining issue is whether sanctions should be imposed and against whom. Sanctions are mandatory in favor of the prevailing party unless the opposing party shows substantial justification for the delay in serving responses. §2030.290(c). Plaintiff’s attorney, in opposition to the motion, argues that the lack of communication between Counsel and Client constitutes such justification. However, the only evidence before the Court shows that Plaintiff’s attorney communicated this problem to Defense Counsel AFTER the motions were filed. If Plaintiff’s attorney wanted to avoid sanctions, Counsel should have, at a minimum, communicated this information to Defense Counsel BEFORE motions were filed. Plaintiff also argues Plaintiff should not be sanctioned because she does not have the opportunity to defend against the request; as noted above, Plaintiff has an obligation to maintain ongoing communication with her attorney while this case is pending. The Court finds sanctions against Plaintiff and her attorney of record are appropriate in light of Plaintiff’s continued failure to respond to the outstanding discovery.

Defendant seeks sanctions in the amount of $735/motion. Counsel bills at the rate of $150/hour. The Court awards one hour to prepare each form discovery motion. The Court awards the requested three hours to travel to and appear at the hearing, but only awards the time once. The Court awards two filing fees of $60 each. Plaintiff and her attorney of record, jointly and severally, are ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $870, within twenty days.

Defendant is ordered to give notice.