Judge: Daniel S. Murphy, Case: 21STLC03611, Date: 2023-02-22 Tentative Ruling
Case Number: 21STLC03611 Hearing Date: February 22, 2023 Dept: 32
DALE GOLDEN, Plaintiff, v. RUTH STANZIOLA HOLGUIN,
et al., Defendants. |
Case No.: 21STLC03611 Hearing Date: February 22, 2023 [TENTATIVE]
order RE: defendant and cross-complainant raul a.
holguin, jr.’s motion to compel discovery |
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BACKGROUND
On May 20, 2021, Plaintiff Dale
Golden filed this action to quiet title as against Defendant Ruth Stanziola
Holguin (Ruth Holguin) and any persons claiming interest in a parcel of real property
located in Glendora, California. Plaintiff alleges that he is the sole owner of
the property after Ruth Holguin agreed to convey it to him. On July 2, 2021, Ruth
Holguin filed a cross-complaint against Plaintiff, alleging that Plaintiff utilized
fraud and duress to effectuate the conveyance.
On January 24, 2023, Defendant and
Cross-Complainant Raul A. Holguin, Jr. (Hulguin Jr.), as successor co-trustee
of the Holguin Family Trust, filed the instant motion to compel Plaintiff’s
verifications to certain discovery responses. Plaintiff has not filed an
opposition. Holguin Jr. acknowledges that Plaintiff served verifications after
this motion was filed, but maintains the motion to recover sanctions. (Francisconi
Reply Decl. ¶ 4.)
LEGAL STANDARD
Discovery responses are due 30 days after
service of the requests, unless the parties stipulate or the court orders
otherwise. (Code Civ. Proc., §§ 2030.260(a), 2031.260(a), 2033.250(a).) If a responding
party fails to respond in time, the propounding party may move for an order
compelling the responses or deeming matters admitted. (Id., §§
2030.290(b), 2031.300(b), 2033.280(b).) Unverified responses are tantamount to
no response at all. (See Appleton v. Super. Ct. (1988)
206 Cal.App.3d 632, 636.)
DISCUSSION
Plaintiff was required to verify his
responses to the subject discovery because his responses contained more than
objections. Plaintiff does not dispute his obligation to provide verified
responses, nor does Plaintiff deny that he failed to provide verifications
within 30 days or the time agreed to by the parties. No substantial
justification is provided for Plaintiff’s failure to properly respond to
discovery.
Sanctions are warranted, but the
amount requested is unreasonably high given the simplicity of the motion and
lack of opposition. The reasonable amount is $960, representing 2 hours at $450
per hour, plus a $60 filing fee. (See Francisconi Decl. ¶ 8.)
CONCLUSION
Defendant and Cross-Complainant Raul
A. Holguin, Jr.’s motion to compel is GRANTED. Sanctions are awarded against Plaintiff
and his counsel in the amount of $960, to be paid within 30 days.