SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

I. Motions to Compel¿ 

Defendant FJS, INC. d/b/a The Anabella Hotel, erroneously sued as The Anabella Hotel, (“Defendant”) propounded set one of form interrogatories, special interrogatories, and request for production of documents (“RPDs”) on Plaintiff Nicolet Barbarasa (“Plaintiff”) on April 25, 2023.  (Decl. Gevorgyan ¶ 2; Exh. A.) After granting Plaintiff’s requests for an extension, Plaintiff has not served any responses. (Id. at ¶¶ 3-5.) Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Any opposition was due on or before September 14, 2023. No oppositions were filed. 

For a motion to compel initial discovery responses, all a propounding party must show is that it properly served its discovery requests, that the time to respond has expired, and that the party to whom the requests were directed failed to provide a timely response. (See Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905 906.) Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses. (Code Civ. Proc., § 2031.300; Sinaiko 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., § 2031.300, subd. (a).)    

Therefore, because the evidence shows Plaintiff was properly served with discovery and failed to respond, and Plaintiff has not filed any opposition demonstrating otherwise, Defendant’s motions are GRANTED. Plaintiff is ordered to serve verified responses to Defendant’s set one of form interrogatories, special interrogatories and RPDs, without objections, within twenty (20) days. (CCP §§ 2030.290(a),(b), 2031.300(a),(b).) 

 

II. Sanctions¿ 

Sanctions are mandatory against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response, unless a court makes certain findings.¿ (Code Civ. Proc., § 2030.290(c), 2031.300(c).)¿ Plaintiff did not file any oppositions. However, sanctions may be awarded, even though no oppositions were filed pursuant to CRC 3.1348(a). Defendant seeks sanctions in the amount of $660 for each motion.    

Defendant is awarded 1 hour to prepare each motion to compel and one hour to appear at the hearing- but is awarded this time only once- all at the requested rate of $250 per hour, for a total of $1,000 in attorney fees.    

Further, Defendant is awarded three motion filing fees of $60, for a total of $180, as costs.    

Sanctions are imposed against Plaintiff and Plaintiff’s attorney of record, jointly and severally.  Plaintiff and/or Plaintiff’s counsel are ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $1,180, within twenty (20) days. 

 

Defendant is ordered to give notice.   

 

PLEASE TAKE NOTICE: 

Dated this 26th day of September 2023