Case Number: BC663195 Hearing Date: January 15, 2019 Dept: 4B

[TENTATIVE] ORDER RE: MOTION TO COMPEL RESPONSES TO SUPPLEMENTAL DEMANDS FOR PRODUCTION OF RECORDS AND SUPPLEMENTAL FORM INTERROGATORIES; GRANTED

On May 26, 2017, Plaintiffs Pablo Padilla and Sergio A. Padilla (collectively, “Plaintiffs”) filed this action against Defendant Morine Bartley (“Defendant”) for motor vehicle and general negligence relating to a December 29, 2015 automobile accident. On September 20, 2018, Defendant served Supplemental Form Interrogatories and Supplemental Demand for Production of Documents on each Plaintiff. (Declaration of Lisa L. Renaud, ¶ 2.) Plaintiffs failed to serve responses, and Defendant seeks orders compelling Plaintiffs’ responses 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.)

On September 12, 2018, the Court granted Plaintiffs’ counsel’s motion to be relieved. Counsel filed a proof of service showing service of the order on Plaintiffs on September 17, 2018. Defendant’s requests for supplemental discovery were properly served on Plaintiffs in pro per, and notice of these Motions to compel were properly served on Plaintiffs in pro per. Plaintiffs filed no opposition to these Motions and did not serve timely verified responses. Accordingly, the Motions to compel Plaintiffs’ responses to Defendant’s requests for supplemental form interrogatories and supplemental demand for production are GRANTED. Plaintiffs are each ordered to serve verified responses, without objection, to Defendant’s supplemental discovery requests 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).) Defendant’s request for monetary sanctions is GRANTED and each Plaintiff is ordered to pay $335.00, for one hour at defense counsel’s hourly rate of $215.00 plus $120.00 filing fees, within twenty (20) days of the date of this Order.

Moving party to give notice.