Case Number: BC676039 Hearing Date: December 28, 2018 Dept: 7

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTIONS TO COMPEL FURTHER RESPONSES TO DISCOVERY; MOTION GRANTED IN PART

On September 18, 2017, Plaintiff Elsie Hewitt (“Plaintiff”) filed this action against Defendant Matthew Ryan Phillippe (“Defendant”) for assault, battery, and intentional infliction of emotional distress. On November 9, 2017, Plaintiff served a first set of written discovery requests on Defendant. Defense counsel was substituted on July 12, 2018. On August 28, 2018, the parties participated in an Informal Discovery Conference (IDC) and Defendant agreed to provide supplemental responses by August 31, 2018. (Supplemental Declaration of Shiqi W. Borjigin, ¶ 6.)

Defense counsel states supplemental responses were served and all issues should be resolved. However, defense counsel also states he is in the process of serving further amended responses to form interrogatories and a further supplemental response to request for production set two, since Defendant was able to locate communications between Defendant and third parties. (Declaration of Steven S. Malauski, ¶ 6.)

Plaintiff’s counsel states further responses are still required as to Requests Nos. 3 and 5, which seek communications between Defendant and third parties regarding the subject incident and social media posts made regarding the subject incident. Plaintiff’s counsel also still seeks monetary sanctions for Defendant’s repeated discovery delays and abuses.

Upon receipt of responses to discovery requests, the propounding party may move for an order compelling a further response if the propounding party deems that the responses are evasive, incomplete, an objection is without merit or too general. (Code of Civ. Proc., § 2031.310, subd. (a).) A motion for an order compelling further responses shall be accompanied by a meet and confer declaration (Code of Civ. Proc., § 2031.310, subd. (b)(2)), and notice of the motion shall be given within 45 days of the service of the verified response, or any supplemental verified response, or any specific later date to which the parties have agreed in writing, or the party requesting the order waives any right to compel further responses (Code of Civ. Proc., § 2031.310, subd. (c)).

After considering the multiple supplemental declarations filed, the Court orders Defendant to serve further responses to Requests for Production Nos. 3 and 5, or to serve a verified response that no further documents exist or are in Defendant’s possession or control within twenty (20) days of the date of this Order.

The court shall impose a monetary sanction against the party who unsuccessfully makes or opposes a motion to compel further responses to interrogatories or demand for production of documents, unless the party subject to the sanction acted with substantial justification or the sanction would otherwise be unjust. (Code of Civ. Proc., §§ 2030.300, subd. (d), 2031.310, subd. (h), 2033.290, subd. (d).)

Further, the court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even where the requested discovery was provided to the moving party after the motion was filed. (Cal. Rules of Court, Rule 3.1348(a).)

Monetary sanctions are GRANTED and imposed against Defendant and counsel of record in the reduced amount of $790.00 for two hours at Plaintiff’s counsel’s hourly rate of $395.00, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.