Judge: Armen Tamzarian, Case: 20STCV18798, Date: 2022-11-07 Tentative Ruling

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Case Number: 20STCV18798    Hearing Date: November 7, 2022    Dept: 52

Plaintiff Lauren Drablier’s Motions to Compel Responses to (1) Form Interrogatories; (2) Special Interrogatories; and (3) Requests for Production

Plaintiff Lauren Drablier moves to compel defendant John Thomas McGuire to respond to form interrogatories, set one, special interrogatories, set one, and requests for production, set two.

Order Compelling Responses

When a party fails to timely respond to interrogatories or demands for inspection, the requesting party may move for an order compelling responses.  (CCP §§ 2030.290(b) [interrogatories]; 2031.300(b) [demands for inspection].)  Failure to timely respond waives any objections.  (CCP §§ 2030.290(a); 2031.300(a).)

Plaintiff served these three sets of discovery requests on defendant on April 14, 2022.  (Schoettle Decl., ¶ 2, Exs. 1-3.)  When defendant did not timely respond, plaintiff’s counsel contacted defense counsel.  (Id., ¶ 4, Ex. 4.)  Defense counsel acknowledged receiving them and stated he would serve responses.  (Id., ¶ 5, Ex. 4.) 

In June, defense counsel stated he would serve responses 14 days after the parties completed mediation.  (Schoettle Decl., ¶ 7.)  The parties held a mediation on July 26, 2022.  (Ibid.)  Plaintiff had received no responses at the time of filing this motion.  (Id., ¶ 8.)  Plaintiff is therefore entitled to an order compelling defendant to serve responses to her discovery requests.

Sanctions

Plaintiff moves for $825 in sanctions in the motion to compel responses to form interrogatories; $1,375 in the motion to compel responses to special interrogatories; and $825 in the motion to compel responses to requests for production.  Failing to respond to an authorized method of discovery is a misuse of the discovery process subject to monetary sanctions.  (CCP § 2023.010(d).) 

Defendant John Thomas McGuire did not respond to authorized discovery served by plaintiff.  The court finds defendant did not act with substantial justification and sanctions are just under the circumstances.  Defendant has a duty to respond to discovery requests.  Defendant still has not done so months after the deadline to respond.  The court finds plaintiff reasonably incurred the expenses she claims in each motion.

Disposition

Plaintiff Lauren Drablier’s motion to compel defendant John Thomas McGuire to respond to form interrogatories, set one, is granted. 

Defendant John Thomas McGuire is ordered to serve verified responses to form interrogatories, set one, without objections within 20 days.  Defendant John Thomas McGuire and defense counsel David C. Voss, Jr. of Voss, Silverman & Braybrooke LLP are ordered to pay plaintiff $825 in sanctions within 20 days.  Defendant John Thomas McGuire and defense counsel David C. Voss, Jr. shall be jointly and severally liable for the sanctions.

Plaintiff Lauren Drablier’s motion to compel defendant John Thomas McGuire to respond to special interrogatories, set one, is granted. 

Defendant John Thomas McGuire is ordered to serve verified responses to special interrogatories, set one, without objections within 20 days.  Defendant John Thomas McGuire and defense counsel David C. Voss, Jr. are ordered to pay plaintiff $1,375 in sanctions within 20 days.  Defendant John Thomas McGuire and defense counsel David C. Voss, Jr. shall be jointly and severally liable for the sanctions.

Plaintiff Lauren Drablier’s motion to compel defendant John Thomas McGuire to respond to requests for production, set two, is granted. 

Defendant John Thomas McGuire is ordered to serve verified responses to requests for production, set two, without objections within 20 days.  Defendant John Thomas McGuire and defense counsel David C. Voss, Jr. are ordered to pay plaintiff $825 in sanctions within 20 days.  Defendant John Thomas McGuire and defense counsel David C. Voss, Jr. shall be jointly and severally liable for the sanctions.

Plaintiff is ordered to give notice.