Motion to Compel Discovery (Judge Holly Fujie)


Case Number: BC585122??? Hearing Date: April 27, 2016??? Dept: 98

AYELYDA QUINTANILLA,
Plaintiff,
vs.

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY,

Defendant.

CASE NO: BC585122

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

Dept. 98
1:30 p.m.
April 27, 2016

On June 15, 2015, Plaintiff Ayelyda Quintanilla (?Plaintiff?) filed this action against Defendant Los Angeles County Metropolitan Transportation Authority (?Defendant?). On January 21, 2016, 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 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 no responses have been served, Defendant?s Motions are GRANTED. Plaintiff is ordered to provide verified responses, without objections, 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). Defendant seeks $320.00 in monetary sanctions for one Motion, contending that it required two hours to prepare, at a rate of $160.00 per hour. Defendant seeks $800.00 for its second Motion, contending that it required two hours to prepare and will require three hours to appear at the hearing. The Court finds one hour to prepare each Motion and one hour to appear at the joint hearing to be sufficient to compensate Defendant. The Court therefore awards Defendant a total of $480.00 in monetary sanctions against Plaintiff and her attorney of record.

Dated this 27th day of April, 2016

Hon. Holly J. Fujie
Judge of the Superior Court