Case Number: SC093736 Hearing Date: February 13, 2015 Dept: O
SC093736
GREEN v. BROTMAN

Defendant’s Motion to Compel Responses to RFPs (Set One) is GRANTED. Plaintiff admits in opposition that he did not respond to the RFPs due to counsel’s inadvertence and neglect. Plaintiff’s counsel forgot about the RFPs because the responses were due around the time his opposition to the previous summary judgment was due. However, this does not excuse Plaintiff’s failure to respond and the consequence is that Plaintiff must respond fully without objection the RFPs.

Plaintiff claims the responsive documents are limited to the documents submitted as exhibits to declarations in opposition the prior MSJ. However, Plaintiff’s responses are defective because (1) they are not in the form required under CCP §§2031.220-2031.240; and (2) Plaintiff Diamond stated in deposition that she had decedent’s medical records from Drs. Bick, Houston and Salcedo, decedent’s school records from the LAUSD and evaluations performed on decedent by the Regional Center throughout the years. See Reply, Ex. B. Given Plaintiff Diamond’s statements during deposition, the production of just the two documents attached as exhibits to the declaration of Gary Brown PhD is patently insufficient.

Defendant’s request for sanctions in the amount of $900 against Plaintiff and Plaintiff’s counsel is GRANTED but as to Plaintiff’s counsel only. Plaintiff’s counsel is ordered to pay sanctions in the amount of $900 within 30 days. Plaintiff is ordered to serve responses without objection to the RFPs within 10 days. Plaintiff’s responses should account for her statements in during deposition that she possessed certain medical records.