On 12/11/2017 KIMBERLY MCWILLIAM filed a Personal Injury - Motor Vehicle lawsuit against VAIDA ONESTO. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
DOES 1 TO 15
Complaint; Filed by Kimberly McWilliam (Plaintiff); Andrew McWilliam (Plaintiff)Read MoreRead Less
ComplaintRead MoreRead Less
Summons; Filed by nullRead MoreRead Less
Case Number: BC686475 Hearing Date: March 13, 2020 Dept: 27
[TENTATIVE] ORDER RE: MOTIONS TO COMPEL PLAINTIFFS’ RESPONSES TO DISCOVERY AND MONETARY SANCTIONS
On December 11, 2017, Plaintiffs Kimberly McWilliams and Andrew McWilliams (collectively, “Plaintiffs”) filed this action against Defendants Vaida Onesto and Nick Onesto (collectively, “Defendants”) arising from a December 11, 2015 automobile accident. On October 28, 2019, Defendants served each Plaintiff with special interrogatories, demands for production of documents, and form interrogatories. Defendants granted Plaintiffs two extensions on the responses but did not receive responses. Defendants move to compel Plaintiffs’ responses to discovery and for 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).)
Plaintiffs filed no opposition to these motions and failed to serve responses to Defendants’ requests for discovery. Accordingly, the motions are GRANTED. Plaintiffs are each ordered to serve verified responses, without objection, to Defendants’ special interrogatories, demands production of documents, and form interrogatories 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).) Defendants’ request for monetary sanctions is GRANTED and imposed against: (1) Kimberly McWilliams and counsel of record, jointly and severally, in the amount of $611.25, to be paid within twenty (20) days of the date of this order; and (2) Andrew McWilliams and counsel of record, jointly and severally, in the amount of $611.25.00, 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 SSCDEPT27@lacourt.org indicating intention to submit on the tentative.