SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

I. Motions to Compel¿ 

Defendant Hughes Markets, Inc. d/b/a Ralphs (“Ralphs”) propounded set one of form interrogatories, special interrogatories, and request for production of documents (“RPDs”) on Plaintiff Victor Naing (“Plaintiff”) on August 8, 2022. After granting numerous extension requests, Plaintiff has not served responses. Ralphs 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 August 28, 2023. Plaintiff filed an untimely opposition on August 29, 2023. The Court, in its discretion, will consider Plaintiff’s untimely papers. Plaintiff’s counsel contends that, as a result of Covid-19, Plaintiff’s counsel has been unable to obtain all of Plaintiff’s medical records, reports, and bills. Additionally, Plaintiff’s counsel declares that Plaintiff has been ill, it is uncertain if Plaintiff will continue with his lawsuit, that there is a language barrier with Plaintiff, Plaintiff has been out of the country for a period of time, and Plaintiff’s counsel has office computer problems. Plaintiff has not served responses to Ralph’s discovery, and requests that the Court allow 60 days in any order compelling Plaintiff’s responses.   

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).)  

Plaintiff brought this lawsuit against Ralphs, and Ralphs is entitled to receive responses. Plaintiff’s counsel’s excuses in terms of language barrier, Plaintiff’s unavailability and purported illness, and Plaintiff’s counsel’s office problems fails to justify why, one year after Ralphs propounded its initial discovery, responses still have not been served. Furthermore, Plaintiff’s request for 60 days to serve responses is unreasonable based on the foregoing.  

Therefore, because the evidence shows Plaintiff was properly served with discovery and failed to respond, and Plaintiff has not demonstrated responses were served prior to the hearing in substantial compliance with the Discovery Act, Ralph’s motions are GRANTED. Plaintiff is ordered to serve verified responses to Ralph’s set one of form interrogatories, special interrogatories and RPDs, without objections, within fifteen (15) 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 to interrogatories, unless a court makes certain findings.¿ (Code Civ. Proc., § 2030.290(c), 2031.300(c).)¿ Plaintiff’s opposition is unavailing. Ralphs seeks sanctions in the amount of $1,086.65 for each motion. The Court finds sanctions warranted here. 

Ralphs 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 $205 per hour, for a total of $820 in attorney fees.   

Further, Ralphs is awarded three motion filing fees of $61.65, for a total of $184.95, 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 Ralphs, by and through counsel of record, in the total amount of $1,004.95, within fifteen (15) days. 

 

Moving Defendant is ordered to give notice.