SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

I. Background 

Plaintiff Diana Bravo (“Plaintiff”) filed this action against Defendant 99 Cents Only Stores LLC (“Defendant”) for injuries arising from a slip and fall on Defendant’s premises. 

On March 15, 2023, Defendant propounded supplemental form interrogatories on Plaintiff. After receiving no responses, defense counsel followed-up with Plaintiff on May 3, 2023; May 10, 2023; May 30, 2023; June 1, 2023; June 15, 2023; and lastly, November 8, 2023. However, Plaintiff has not responded or served responses to date. Defendant therefore moves the Court for an order compelling Plaintiff to provide responses to the outstanding discovery, and for Plaintiff to pay monetary sanctions. 

As of December 11, 2023, no opposition was filed. 

 

II. Motion to Compel Supplemental Discovery 

A party may propound a supplemental interrogatory or supplemental demand for production of documents to elicit any later acquired information bearing on all answers previously made by any party.  (Code of Civ. Proc., §§ 2030.070, subd. (a), 2031.050, subd. (a).)  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.) There is no time limit for a motion to compel responses to interrogatories or production of documents other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., §§ 2024.020, subd. (a), 2030.290; Code Civ. Proc., § 2031.300.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Code Civ. Proc., § 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)   A party may propound a supplemental interrogatory or supplemental demand for production twice before the initial trial date, and subject to the time limits of discovery proceedings. (Code of Civ. Proc., §§ 2030.070, subd. (b), 2031.050, subd. (b).)  

Therefore, because the evidence shows Plaintiff was properly served with discovery and failed to respond, Defendant’s unopposed motion is GRANTED. Plaintiff is ordered to serve verified responses to Defendant’s supplemental form interrogatories within fifteen (15) days.  

 

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); §2031.300(c).)¿ Plaintiff did not file any opposition. However, sanctions may be awarded, even though no opposition was filed, pursuant to CRC 3.1348(a).  

Defendant is awarded 2 hours to prepare the motion to compel and one hour to appear at the hearing at the requested rate of $145 per hour, for a total of $290 in attorney fees. Further, Defendant is awarded one motion filing fee of $60 as costs. 

Sanctions are imposed against Plaintiff and Plaintiff’s attorney of record.  Plaintiff and/or Plaintiff’s counsel are ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $350, within fifteen (15) days.