Judge: Craig Griffin, Case: Brown v. Walmart, Date: 2023-07-24 Tentative Ruling

Before the Court at present are two unopposed motions to compel responses to discovery, filed by Defendants Walmart, Inc. and MG Partners DSA I LLC (together “Defendants”). The first seeks an order to compel Plaintiff Shaheedah Brown  (“Plaintiff”) to respond, without objections, to Defendants’ Form Interrogatories and Special Interrogatories, both Set One (“Motion 1” below).  The second seeks an order to compel Plaintiff to respond, without objections, to Defendants’ Requests for Production, Set One (“Motion 2” below). 

The Motions assert that Form Interrogatories, Special Interrogatories, and Requests for Production, all Set One, were propounded to Plaintiff on 9/30/22. Each then asserts, without explanation, both that no responses were ever provided, and that objections were belatedly served on 1/20/23. But in either event, if responses are not timely provided, all objections thereto are waived, and responses may be compelled. (C.C.P. §§ 2030.290(a), (b), 2031.300(a), (b).)   The Motions are therefore granted, as to the request for orders requiring Plaintiff to respond, without objection, to that discovery. However, as the Motions failed to attach copies of the relevant discovery requests, such relief is conditioned upon submission of proposed orders which attach the relevant requests, followed by service of signed orders which attach those requests on Plaintiff.  Plaintiff shall have 20 days after such service has been effectuated to provide verified responses, without objections, and to produce any responsive documents for the Requests for Production.

Defendants’ sanctions requests are GRANTED IN PART.  Failure to respond to an authorized method of discovery constitutes a misuse of the discovery process under C.C.P. §2023.010(d), and warrants imposition of monetary sanctions in favor of Defendants.  (C.C.P. §§ 2023.010(d), 2030.290(c), 2031.300(c).)  However, although the hourly rate claimed here seems reasonable in context, no opposition was filed and there will be but one hearing for both motions. The Court thus finds that sanctions should be imposed on Plaintiff in the reduced sum of $760 on Motion 1, and $585 on Motion 2, for a total of $1,345 in sanctions, to be paid by Plaintiff to Defendants, through their counsel of record, within 30 days after service of the signed orders, as noted above.

Counsel for Defendants is to give notice of this ruling.