SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

I. Motion to Compel¿ 

Defendant Bobbie Brown (“Defendant”) propounded form interrogatories, set one, on Plaintiff Alayssa Jalal (“Jalal”) on April 28, 2023.  

Defendant also propounded request for production of documents (“RPDs”), set one, on Plaintiff Alexandra Gomez (“Gomez”) on April 28, 2023.  

Defendant granted Plaintiffs Jalal and Gomez two extensions to provide responses, and the deadline to provide responses was on July 10, 2023. As of the filing of the motion, Plaintiffs Jalal and Gomez have not served responses. Defendant therefore seeks an order compelling Plaintiffs Jalal and Gomez to respond, without objections, to the outstanding discovery and to pay sanctions. Any opposition was due on or before September 29, 2023; none was filed. 

For a motion to compel 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, subd. (b); § 2031.300, subd. (b).) 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 Plaintiffs Jalal and Gomez were properly served with discovery and failed to respond, and there is no opposition demonstrating otherwise, Defendant’s motions are GRANTED.  

Plaintiff Jalal is ordered to serve verified responses to Defendant’s form interrogatories, set one, without objections, within twenty (20) days. (Code Civ. Proc. §§ 2030.290(a),(b).) 

Plaintiff Gomez is ordered to serve verified responses to Defendant’s RPDs, set one, without objections, within twenty (20) days. (Code Civ. Proc. §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).) Plaintiffs did not file any opposition. However, sanctions may be awarded, even though no opposition is filed pursuant to CRC 3.1348(a). Defendant requests $953 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 $190 per hour, for a total of $570 in attorney fees. Defendant is also awarded two motion filing fees of $60, for a total of $120 as costs. 

Plaintiff Jalal and Gomez are represented by the same counsel. Sanctions are imposed against Plaintiff Jalal and Gomez and their attorney of record, jointly and severally.  Plaintiff Jalal and Gomez and/or their counsel are ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $690, within twenty (20) days.