RONNA RIZK VS JAMES ANDERSON ET AL

Tentative Rulings

Case Number: ****3768    Hearing Date: December 31, 2019    Dept: 4B

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

On August 25, 2017, Plaintiff Ronna Rizk (“Plaintiff”) filed this action against Defendant James Anderson (“Defendant”) for negligence arising from a August 26, 2015 motor vehicle accident. On July 19, 2019, Defendant served Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, and Demand for Production of Documents, Set No. One on Plaintiff. Plaintiff did not request an extension. On October 18, 2019, defense counsel sent a letter asking for the responses. Plaintiff did not respond. On November 22, 2019, Defendant then filed these motions to compel.

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).)

On December 17, 2019, Plaintiff filed responds to the motions stating she would be serving responses before the hearing. However, there is no evidence responses have been provided. Accordingly, the motions to compel Plaintiff’s responses are GRANTED. Plaintiff is ordered to serve verified responses, without objection, to Defendant’s Form Interrogatories, Set No. One, Special Interrogatories, Set No. One, and Demand for Production of Documents, Set No. One within ten (10) 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 $930.00, 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 SSCDEPT4B@lacourt.org indicating intention to submit on the tentative.