Judge: Craig Griffin, Case: "McConnell v. Mission Hospital Regional Medical Center, Inc.", Date: 2022-07-18 Tentative Ruling

Defendant Beacon Healthcare Services, Inc. dba Newport Bay Hospital’s (“Beacon”) unopposed Motions to Compel Responses to Special Interrogatories (“Special Rogs”), Form Interrogatories (“Form Rogs”) and Request for Production (“RFP”), all Sets One, from Plaintiff, Anna McConnell by and through her Power of Attorney, Diane Zuzulock (“Plaintiff”) are GRANTED.

The moving papers demonstrate that Plaintiff served untimely and unverified responses to the at issue discovery on April 4, 2022 and April 21, 2022.  (Declarations of Mathew Russell, Esq. [“Russell Decls.”] at ¶ 7, 9; Exhibit G to ROA 100.)  Despite meet and confer efforts, no verifications to the discovery requests have been provided.  (Russell Decls. at ¶ 10; Exhibits E.)

As no timely, verified responses to the at issue discovery were provided, all objections thereto have been waived, and verified responses may be compelled.  (Code Civ. Proc. §2030.290(a), (b) & §2031.300(a), (b); see also, Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636 [unverified responses are tantamount to no response at all.].) 

Accordingly, the motions are GRANTED.

Plaintiff is ordered to serve verified responses, without objections, to Beacon’s Form Rogs, Special Rogs and RFP, Sets One, within 15 days of notice of this order.

The Court imposes a reduced sanction of $600 per motion, for a total of $1,800 in sanctions, against Plaintiff, payable to Beacon, through its counsel of record, within 30 days of notice of this order.  (Code Civ. Proc. §§ 2023.030(a), 2030.290(c), 2031.300(c).)

Moving party to give notice.