SUPERIOR COURT OF THE STATE OF CALIFORNIA  

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 

 

 

I. Background 

Plaintiff Tony Martinez (“Plaintiff”) filed this action against Defendant 99 Cents Only Stores (“Defendant”) for injuries arising from a slip and fall on an unknown clear substance at Defendant’s store on January 21, 2021. 

On July 17, 2023, Defendant propounded supplemental form interrogatories, supplemental special interrogatories, and supplemental demand for production of documents (RPDs”) on Plaintiff. Per Plaintiff’s request, Defendant granted Plaintiff a two-week extension to provide responses by September 1, 2023. However, to date, Plaintiff has not served responses. Defendant now moves the Court for an order compelling Plaintiff to provide responses to the outstanding discovery, and for Plaintiff to pay monetary sanctions. 

The motions are unopposed.  

 

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 motions are GRANTED. Plaintiff is ordered to serve verified responses to Defendant’s supplemental form interrogatories, supplemental special interrogatories, and supplemental RPDs, within twenty (20) 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 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 $160 per hour, for a total of $640 in attorney fees. Further, Defendant is awarded three motion filing fees of $60, for a total of $180, 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 $820, within twenty (20) days.