Judge: Richard Y. Lee, Case: 30-2022-01275696, Date: 2023-07-20 Tentative Ruling

Defendant, Western Surety Company (“Western Surety”) moves for (1) an order compelling Plaintiff, Esmeralda Garcia (“Plaintiff”) to provide responses to Form Interrogatories, Set 1, and awarding sanctions in the amount of $550, against Plaintiff; (2) an order compelling Plaintiff to provide responses to Special Interrogatories, Set 1, and awarding sanctions in the amount of $427.50, against Plaintiff; and (3) an order compelling Plaintiff to provide responses to Requests for Production, Set 1, and awarding sanctions in the amount of $427.50, against Plaintiff.

The motions are unopposed.

If a party to whom interrogatories or requests for production of documents were directed fails to serve a timely response, the propounding party may move for an order compelling responses, and for monetary sanctions. (Code Civ. Proc. §§ 2030.290(b); 2031.300(b).) The motion to compel may be heard even if untimely responses are served after the motion is filed. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 408 (“Sinaiko”).) By operation of law, if a party fails to serve a timely response to interrogatories, all objections that could have been asserted are waived, including any right to exercise the option to produce writings under Section 2030.230, as well as one based on privilege or on the protection for work product. (Code Civ. Proc. § 2030.290(a); Sinaiko, supra, 148 Cal.App.4th at p. 408; Leach v. Superior Court (1980) 111 Cal.App.3d 902, 906.) Similarly, if a party fails to serve a timely response to requests for production, all objections are waived. (Code Civ. Proc. § 2031.300(a).)

Western Surety provides that the three discovery sets at issue were served on January 3, 2023, on Plaintiff; that Plaintiff’s responses were due on February 4, 2023; that Western Surety granted a 30-day extension to provide responses such that the responses were due on March 4, 2023; that on March 7, 2023, having received no responses, defense counsel met and conferred with Plaintiff’s counsel an requested objection free responses no later than March 17, 2023; and that Western Surety has received no verified responses from Plaintiff as of the date of the filing of the motion, i.e., March 23, 2023. (Declaration of Bibiana S. Lee, ¶¶ 3-6; Exs. A-D.)

Based on the foregoing, Plaintiff has failed to serve responses to discovery at issue, and as a result of Plaintiff’s failure to serve responses to the interrogatories and requests for production, Plaintiff has waived any objection to the interrogatories and requests, including one based on privilege or on the protection for work product. (Code Civ. Proc. §§ 2030.290(a) [interrogatories]; 2031.300(a) [inspection demands].)

Thus, the motions are GRANTED. Plaintiff to serve verified responses, without objections, to Western Surety’s First Set of Form Interrogatories, Special Interrogatories, and Requests for Production within 30 days of the notice of ruling.

As for sanctions, Western Surety asserts that sanctions are mandatory as Plaintiff has not substantially justified the failure to provide responses to the first set of Form Interrogatories, Special Interrogatories, and Requests for Production, and seeks sanctions against Plaintiff in the amount of $550, $427.50, and $427.50, respectively. (Id., ¶ 7.)

“[T]he court shall impose a monetary sanction . . . against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories [or a demand for inspection], unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc. §§ 2030.290(c) [interrogatories]; 2031.300(c) [inspection demands].)

Here, there is no showing that Plaintiff acted with substantial justification in refusing to respond to the discovery at issue, or that other circumstances make the imposition of a monetary sanction unjust.

The Court AWARDS sanctions in the amount of $500 against Plaintiff for the motion to compel as to the Form Interrogatories, and $427.50 each for the motion to compel as to the Special Interrogatories, and Requests for Production. Sanctions to be paid within 30 days of the notice of ruling.

Western Surety to give notice.