I. BACKGROUND 

Defendant American Total Express, Inc., (“American”) propounded special interrogatories, set one, on defendant Seven J. Investment Co. (“SJI”) on October 24, 2023. After receiving no responses, American’s counsel sent email correspondence on December 10, 2023 requesting responses by January 2, 2024. American’s counsel declares that SJI has, to date, failed to serve responses. American therefore seeks an order compelling SJI to respond, without objections, to the outstanding discovery and to pay sanctions.  

Any opposition was due on or before March 28, 2024; the motion is unopposed. 

II. MOTION TO COMPEL 

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., §§ 2030.290; 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., § 2030.290, subd. (a); § 2031.300, subd. (a).)    

Therefore, because the evidence shows SJI was properly served with discovery and failed to timely respond, any objections have been waived. American’s unopposed motion is therefore GRANTED. SJI is ordered to serve verified responses to American’s special interrogatories, set one, without objections, within fifteen (15) days. (CCP § 2030.290(a),(b).) 

III. 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).)¿ SJI did not file any opposition. However, sanctions may be awarded, even though no opposition was filed, pursuant to CRC 3.1348(a). American seeks sanctions in the amount of $1,110 for the motion. 

A court has discretion to award sanctions that are “suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks” but they should not be punitive in nature or levied for the purposes of punishing an offending party. (Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1545.)         

American is awarded one hour for the motion, and one hour to appear at the hearing, at the requested rate of $210 per hour for a total of $420 in attorney’s fees. Further, American is awarded one motion filing fee of $60 as costs.       

Sanctions are imposed against SJI and SJI’s counsel, jointly and severally. SJI and/or SJI;s counsel are ordered to pay sanctions to American, by and through counsel of record, in the total amount of $480, within twenty (20) days. 

Moving party is ordered to give notice.   

PLEASE TAKE NOTICE: 

Dated this 10th day of April 2024