Discovery Motions to Compel and Impose Sanctions (Judge Holly Fujie)


Case Number: BC557723??? Hearing Date: May 09, 2016??? Dept: 98

ANGELICA MORALES,
Plaintiff,
vs.

JAMES MICHAEL DYER, et al.,

Defendants.

CASE NO: BC557723

[TENTATIVE] ORDER GRANTING DEFENDANT?S UNOPPOSED MOTIONS TO COMPEL RESPONSES AND REQUEST FOR MONETARY SANCTIONS

Dept. 98
1:30 p.m.
May 9, 2016

On September 15, 2014, Plaintiff Angelica Morales (?Plaintiff?) filed this action for alleged damages arising out of a vehicle collision. On December 16, 2015, Defendant James Michael Dyer (?Defendant?) served Plaintiff with Form Interrogatories, Set One; Special Interrogatories, Set One; and Request for Production, Set One. Plaintiff provided no responses. Defendant now moves to compel Plaintiff?s responses to the outstanding discovery requests and for monetary sanctions.

A party who fails to timely serve responses to interrogatories or requests for production waives any objection to those discovery requests, including those based on privilege or work product. Cal. Code of Civ. Proc. ??2030.290(a), 2031.300(a). As Plaintiff has failed to provide responses, Defendant?s Motions are GRANTED. Plaintiff is ordered to serve verified responses, without objections, to Defendant?s Form Interrogatories, Set One; Special Interrogatories, Set One; and Request for Production, Set One within twenty (20) days of the date of this Order.

The Court must impose a monetary sanction against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories or to a request for production, 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. Cal. Code of Civ. Proc. ?? 2031.300(c), 2030.290(c). The Court finds sanctions to be appropriate here. Defendant seeks $510.00 for each of his three Motions, contending that each took one hour to prepare and will require two hours to appear, at a rate of $150.00 per hour. Defendant also incurred $180.00 in filing fees.

The Court finds one hour to prepare each Motion and one total hour to appear at the joint hearing, along with the filing fees, to be sufficient to compensate Defendant. The Court therefore awards Defendant a total of $780.00 in monetary sanctions against Plaintiff. Sanctions shall be paid within twenty (20) days of the date of this Order.

Dated this 9th day of May, 2016

Hon. Holly J. Fujie
Judge of the Superior Court