JASON ROBERT VAUGHN VS JOHN IKIRT COVERT

Tentative Rulings

Case Number: BC695872    Hearing Date: March 18, 2020    Dept: 27

ORDER RE CONTINUANCE

Due to governmental declarations of a state of emergency, the hearing on the motion for terminating sanctions is continued to April 17, 2020 at 1:30 pm. The Final Status Conference date of March 25, 2020 and the trial date of April 8, 2020 are vacated. A trial setting conference is set for May 15, 2020 at 8:30 am. Moving party is to give notice.

Case Number: BC695872    Hearing Date: January 10, 2020    Dept: 4B

[TENTATIVE] ORDER RE: MOTION TO COMPEL DEPOSITION AND DISCOVERY RESPONSES

On February 28, 2018, plaintiff Jason Robert Vaughn filed this action against defendant John Ikirt Covert relating to a March 4, 2016 two-car accident. On July 11, 2019, Plaintiff’s then-counsel filed a motion to be relieved. The motion to be relieved was granted on August 23, 2019.

On April 29, 2019, Defendant served a demand for production of documents, form interrogatories, and special interrogatories. Defendant gave two extensions of the time to respond. On September 26, 2019, defense counsel sent a letter to Plaintiff asking about the responses. Plaintiff did not respond. Defendant moves to compel the responses.

On July 3, 2019, Defendant served a notice of deposition on Plaintiff, scheduling the deposition for August 20, 2019. The deposition did not take place that day. On October 3, 2019, Defendant served a new notice of deposition for November 7, 2019. Plaintiff did not appear at his re-noticed deposition. Defendant requests an order compelling Plaintiff’s attendance at deposition within 20 days of this Order at defense counsel’s office.

Plaintiff did not oppose these motions.

Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify, as well as to produce documents for inspection and copying. (Code Civ. Proc., § 2025.280, subd. (a).) “If, after service of a deposition notice, a party . . . without having served a valid objection . . . fails to appear for examination, or to proceed with it, or to produce for inspection any document . . . described in the deposition notice, the party giving notice may move for an order compelling deponent’s attendance and testimony, and the production . . . of any document . . . described in the deposition notice.” (Code Civ. Proc., § 2025.450, 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.) 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).)

Plaintiff filed no opposition to these motions, did not appear at the noticed deposition, and did not serve responses to Defendant’s requests for discovery. Accordingly, the motions to compel are GRANTED. Plaintiff is ordered to serve verified responses, without objection, to Defendant’s Special Interrogatories (Set One), Form Interrogatories (Set One) and Demand for Production (Set One) within twenty (20) days of the date of this order. Plaintiff is ordered to appear for deposition at defense counsel’s office within twenty (20) day of the date of this Order.

Defendant requests sanctions. However, Defendant only filed two motions and paid two filing fees, instead of filing one motion for the demand for production of documents, one motion for the special interrogatories, and one motion for the form interrogatories. Defendant’s request for monetary sanctions is GRANTED on the condition that Defendant submit proof of payment of the third filing fee. Subject to such proof, sanctions are imposed against Plaintiff in the amount of $885 to be paid within twenty (20) days of the date of this order.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT4B@lacourt.org indicating intention to submit on the tentative.