Judge: Lee S. Arian, Case: 21STCV26538, Date: 2024-01-04 Tentative Ruling

Case Number: 21STCV26538    Hearing Date: January 4, 2024    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

          On July 19, 2021, Plaintiff Sandra Gonzalez (“Plaintiff”) filed this action against Defendants Larry Parker and Wanda Parker (collectively, “Defendants”) for injuries arising from a motor vehicle accident.

On July 27, 2023, Defendants served Form Interrogatories, Special Interrogatories, and Request for Production of Documents, Sets One, on Plaintiff.  Having received no responses, Defendants proceeded to file these motions compelling Plaintiff to provide responses. Defendants also requests monetary sanctions.

          Compel Responses

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.)   A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work product.  (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).)  Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45-day time limit and the propounding party has no meet and confer obligations.  (Sinaiko Healthcare Consulting, Inc., supra, 148 Cal.App.4th at p. 404.)

Plaintiff has not opposed the motion nor sent responses to date. Accordingly, the motions to compel responses are GRANTED.

Monetary Sanctions

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).) 

Defendants’ requests for sanctions are GRANTED.  Sanctions are imposed against Plaintiff and counsel of record, jointly and severally, in the amount of $1,680 for 3 hours at Defendants’ counsel’s requested hourly rate of $500 and $60 in filing fees for each motion, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.

Dated this 4th day of January 2024