JOSE G VILLAGRANA VS SCOTTYS GAS STATION

Tentative Rulings

Case Number: BC695007    Hearing Date: November 13, 2019    Dept: 4B

[TENTATIVE] ORDER RE: DEFENDANT’S MOTIONS TO COMPEL PLAINTIFF’S RESPONSES TO DISCOVERY AND MONETARY SANCTIONS

On February 23, 2018, Plaintiff Jose G. Villagrana (“Plaintiff”) filed this action against Defendant Scotty’s Gas Station (“Defendant”). On June 10, 2019, Defendant served Plaintiff with Request for Supplemental Responses to Previously Served Form and Special Interrogatories, Request for Supplemental Responses to Requests for Production, and Special Interrogatories (Set Three). Plaintiff did not serve responses by the July 15, 2019 deadline. On August 12, 2019, defense counsel emailed Plaintiff’s counsel about the responses. Defense counsel followed up on August 22 and 29, 2019 seeking responses. Plaintiff did not serve responses or respond to the attempts to meet and confer. Defendant seeks to compel Plaintiff’s responses to discovery and monetary sanctions.

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.) 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).) Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45-day time limit and the propounding party has no meet and confer obligations. (Sinaiko Healthcare Consulting, Inc., supra, 148 Cal.App.4th at p. 404.)

Plaintiff filed no opposition to these Motions and did not serve responses to Defendant’s requests for discovery. Accordingly, the Motions to compel Plaintiff’s responses are GRANTED. Plaintiff is ordered to serve verified responses, without objection, to Defendant’s Request for Supplemental Responses to Previously Served Form and Special Interrogatories, Request for Supplemental Responses to Requests for Production, and Special Interrogatories (Set Three) within twenty (20) days of the date of this Order.

Where the court grants a motion to compel responses, sanctions shall be imposed against the party who unsuccessfully makes or opposes a motion to compel, unless the party acted with substantial justification or the sanction would otherwise be unjust. (Code Civ. Proc., § 2030.290, subd. (c), 2031.300, subd. (c).) Defendant’s request for monetary sanctions is GRANTED and imposed against Plaintiff and counsel of record, jointly and severally, in the reduced amount of $810 for three hours at defense counsel’s hourly rate of $210 and $180 in filing fees, 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 as directed by the instructions provided on the court website at www.lacourt.org.