I. Motions to Compel 

Defendant Noberto Martinez Cruz ("Defendant Cruz”) propounded (1) form interrogatories, set one, (2) special interrogatories, set one, and (3) demand for inspection of documents, set one, on plaintiff Bahman Khodayari (“Plaintiff”) on May 18, 2022. Responses were due by June 22, 2022. After meeting and conferring with Plaintiff, who is in pro per, via email regarding the outstanding discovery responses, Plaintiff has failed to serve responses to date. Defendant Cruz 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 February 29, 2024; the motions are unopposed. 

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 Plaintiff was properly served with discovery and failed to timely respond, any objections have been waived. Defendant Cruz’s unopposed motions are GRANTED.  

Plaintiff is ordered to serve verified responses to Defendant Cruz’s (1) form interrogatories, set one, (2) special interrogatories, set one, and (3) demand for inspection of documents, set one, 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 opposition. However, sanctions may be awarded, even though no opposition was filed, pursuant to CRC 3.1348(a). Defendant Cruz seeks only nominal fees associated with the cost of filing the motions. The Court notes and appreciates defense counsel’s consideration toward a party in pro per when seeking monetary sanctions.     

Therefore, Defendant Cruz is awarded the requested three motion filing fees of $61.65 per motion, for a total of $184.95 as costs.    

Sanctions are sought and imposed against Plaintiff. Plaintiff is ordered to pay sanctions to Defendant Cruz, by and through counsel of record, in the total amount of $184.95, within twenty (20) days. 

Moving party is ordered to give notice.   

PLEASE TAKE NOTICE: