Judge: Colin Leis, Case: BC487908, Date: 2024-04-12 Tentative Ruling

Case Number: BC487908    Hearing Date: April 15, 2024    Dept: 74

June Duley v. Depuy, Inc., et al.

Defendant’s Motion to Compel Plaintiff’s Responses to Special Interrogatories (Set One) and Request for Sanctions.

BACKGROUND 

            On July 6, 2012, Plaintiff June Duley (Plaintiff) filed a complaint against Defendant Depuy Orthopaedics, Inc. (Defendant).

            On October 23, 2023, Defendant propounded special interrogatories (set one) on Plaintiff.

            However, Plaintiff never provided responses.

            Defendant attempted to meet and confer to no avail.

            On February 6, 2024, Defendant filed this motion to compel Plaintiff’s responses to the special interrogatories.

LEGAL STANDARD

¿¿            If a party to whom interrogatories or an inspection demand were directed fails to serve a timely response, the propounding party may move for an order compelling responses without objections. (Code Civ. Proc., §§ 2030.290, subd. (b), 2031.300, subd. (b).) Moreover, failure to timely serve responses waives objections to the requests. (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).) Failure to verify a response is equivalent to no response at all. (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.) 

DISCUSSION 

            The court grants this motion because Plaintiff has not responded to the special interrogatories. Moreover, sanctions are warranted because Plaintiff’s failure to timely respond lacked substantial justification. (Code Civ. Proc., § 2030.290, subd. (c).) Defendant’s counsel’s proposed hourly rate is reasonable, and he has provided a breakdown of work performed. (Chan Decl., ¶ 7.) Given Plaintiff’s non-opposition to the motion, though, a substantive reply from Defendant is not necessary. Moreover, this motion largely duplicates Defendant’s prior discovery motion. The court will adjust the award accordingly. ($1,110 = $555 (1 hour (motion) + 1 hour (preparation for and attendance at hearing).)

CONCLUSION 

The court grants Defendant’s motion to compel Plaintiff’s responses to the special interrogatories. Plaintiff shall provide Code-compliant responses, without objections, within 30 days of this order. The court grants Defendant’s request for sanctions. Plaintiff shall pay Defendant’s counsel attorney fees in the sum of $1,110 within 30 days of this order.

Defendant shall give notice.