Judge: Daniel S. Murphy, Case: 23STCV09186, Date: 2024-01-08 Tentative Ruling

Case Number: 23STCV09186    Hearing Date: January 8, 2024    Dept: 32

BACKGROUND

            On April 25, 2023, Plaintiff Elia Morales filed this employment action against Defendants J&J Silk Screen Print, Inc., Juan Botero, and Joel Ortiz.

            On November 16, 2023, Plaintiff filed the instant eight discovery motions after Defendants J&J and Botero failed to respond to interrogatories, requests for production, and requests for admission. Defendants have not filed an opposition.

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).) The responding party also waives its objections. (Id., §§ 2030.290(a), 2031.300(a), 2033.280(a).)  

DISCUSSION

The subject discovery was served on August 21, 2023. Defendants either did not respond or did not verify their responses. Unverified responses are tantamount to no response at all. (See Appleton v. Super. Ct. (1988) 206 Cal.App.3d 632, 636.) Defense counsel claimed not to have initially received the RFPs, RFAs, and SROGs addressed to Defendant Botero, but promised to provide responses in two weeks. Therefore, the new deadline was October 26, 2023. Plaintiff also granted a further extension to November 10, 2023. As of the date Plaintiff filed these motions, Defendants have not provided verified responses to the subject discovery.

Defendants have provided no substantial justification for their failure to properly respond to discovery. Therefore, sanctions are warranted. Plaintiff reasonably requests $1,878.80 for all of the motions. (See Chica Decl.)

CONCLUSION

            Plaintiff’s motions are GRANTED.

Defendants J&J Silk Screen Print, Inc. and Juan Botero shall provide verified responses to the subject interrogatories and requests for production within 15 days.

The matters in RFAs Set One to Juan Botero are deemed admitted unless Defendant provides substantially code-compliant responses before the hearing.

Objections are waived except those based on privacy or privilege.

The Court sanctions Defendants and their counsel in the total amount of $1,878.80, to be paid within 30 days.