Judge: Deborah C. Servino, Case: 30-2015-00790623, Date: 2022-10-28 Tentative Ruling

Defendant Shady Canyon Golf Club, Inc.’s motion to compel Plaintiff Jose Martinez-Duran to provide responses to requests for production, set one, is 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.) 

Here, Plaintiff’s verifications for his supplemental responses were not signed under penalty of perjury.  (Wilson Decl., Exh. D [ROA 272]; see Code Civ. Proc., §§ 2015.5, 2031.250, subd. (a); see Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2022) ¶¶ 8:1102-8:1104, 8:1477.) Accordingly, the motion is granted.  Within 20 days of the notice of ruling, Plaintiff shall serve verified, Code-compliant further responses to the requests for production, set one.

Defendant is awarded monetary 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 $330 to Theodora Oringher PC.  (Code Civ. Proc., § 2031.300.) 

To the extent Defendant requests evidentiary and terminating sanctions, that request is denied because it was not brought in a properly noticed motion.  (See Reply, at p. 3; Code Civ. Proc., § 2023.040.)

Defendant shall give notice of the ruling.