Case Number: BC647865 Hearing Date: January 28, 2019 Dept: 4B

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO COMPEL PLAINTIFF’S RESPONSES TO SUPPLEMENTAL DISCOVERY REQUESTS AND MONETARY SANCTIONS

On January 23, 2017, Plaintiff Francisca Morales (“Plaintiff”) filed this action against Defendant 99 Cents Only Stores, LLC (“Defendant”) for premises liability and negligence relating to a January 23, 2015 trip and fall incident. On September 13, 2018, Defendant served requests for supplemental form interrogatories, special interrogatories, and demand for inspection on Plaintiff. (Declaration of Joshua B. Adelpour, ¶ 1; Exh. A.) On November 14, 2018, defense counsel sent Plaintiff’s counsel a letter seeking responses within seven days, but received no response. (Adelpour Decl., ¶ 2; Exh. B.) Defendant moves to compel Plaintiff’s responses to requests for supplemental discovery and monetary sanctions.

A party may propound a supplemental interrogatory or supplemental demand for production of documents to elicit any later acquired information bearing on all answers previously made by any party. (Code Civ. Proc., §§ 2030.070, subd. (a), 2031.050, subd. (a).) 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.)

Plaintiff failed to file an opposition to these Motions and did not serve responses to Defendant’s requests for supplemental discovery requests. Accordingly, these Motions to compel Plaintiff’s responses to supplemental discovery requests are GRANTED. Plaintiff is ordered to serve verified responses, without objection, to Defendant’s Requests for Supplemental Form Interrogatories, Special Interrogatories, and Demand for Inspection 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).)

The request for monetary sanctions is GRANTED and imposed against Plaintiff and Plaintiff’s counsel, jointly and severally, in the reduced amount of $435.00 for three hours at Plaintiff’s counsel’s hourly rate of $145.00, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.