I. MOTIONS TO COMPEL 

Defendant Ralphs Grocery Company dba Ralphs, erroneously sued as The Kroger Co., (“Defendant”) propounded set one of form interrogatories, special interrogatories, and demand for inspection and production of documents on plaintiff Kameron Jackson (“Plaintiff”) on October 27, 2023. After granting Plaintiff six extensions, Plaintiff has not served responses to date. Defendant 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 May 16, 2024. No opposition has been filed to date.  

Therefore, because the evidence shows Plaintiff was properly served with discovery by Defendant and failed to timely respond, any objections have been waived. Defendant’s unopposed motions are GRANTED. Plaintiff is ordered to serve verified responses to Defendant’s (1) form interrogatories, set one, (2) special interrogatories, set one, and (3) demand for inspection and production of documents, set one, all 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 seeks sanctions in the amount of $1,201.65 for each motion to compel.    

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.)         

Defendant is awarded one hour for each motion to compel, and one hour to appear at the hearing (awarded only once), at the requested rate of $190 per hour for a total of $760 in attorney’s fees. Further, Defendant is awarded three motion filing fees of $60, for a total of $180, as costs.       

Sanctions are sought and imposed against Plaintiff and Plaintiff’s counsel, jointly and severally. Plaintiff and/or Plaintiff’s counsel are ordered to pay sanctions to Defendant, by and through counsel of record, in the total amount of $940, within twenty (20) days. 

Moving party is ordered to give notice.   

PLEASE TAKE NOTICE: