Judge: Deborah C. Servino, Case: 30-2015-00790623, Date: 2022-10-21 Tentative Ruling

Defendant Shady Canyon Golf Club, Inc.’s motions to compel further responses to form interrogatories - general and form interrogatories - employment, are granted. 

The supplemental responses that were served while the discovery responses were pending did not divest the court of jurisdiction to hear the motion to compel further responses.  (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 138 Cal.App.4th 390, 396.)  The court exercises its discretion to proceed with the motion.  (Id. at pp. 405-407.) 

Defendant argues that good cause exists for the court to consider new evidence on reply.  (Reply, at pp. 8-9.)  For Defendant’s motion to compel further responses to special interrogatories, Defendant provided the same new evidence on reply.  The court considered the evidence after having given Plaintiff an opportunity to address the evidence.  (9/16/2022 Minute Order.) In anticipation of Defendant’s reply in this motion, Plaintiff addressed the new evidence in his Opposition.  (Opp., at pp. 2-4; Wilson Decl., at ¶ 2.)   

Here, it is unnecessary to consider the new evidence on reply.  Plaintiff’s verifications for his supplemental responses were not signed under penalty of perjury.  (Wilson Decl., Exh. A; see Code Civ. Proc., §§ 2015.5, 2030.250, subd. (a); Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2022) ¶¶ 8:1102-8:1103, ¶ 8:1104 [“A verification on behalf of an individual stating “I am informed and believe that the matters stated herein are true” is insufficient. This form is acceptable for pleadings (see CCP § 446, ¶ 6:225 ff.), but not for interrogatory answers.”].)  Accordingly, the motions are granted.  Within 20 days of the notice of ruling, Plaintiff shall serve verified, Code-compliant further responses to the form interrogatories - general and form interrogatories - employment.   

Defendant is awarded sanctions against Plaintiff and his counsel, jointly and severally.  Within 30 days, Plaintiff and the Law Office of Dennis P. Wilson shall pay a total of $660 to Theodora Oringher PC.  (Code Civ. Proc., § 2023.030.) 

Defendant shall give notice of the rulings.