Judge: Deborah C. Servino, Case: 30-2021-01196937, Date: 2022-07-29 Tentative Ruling

Defendants Luxe Real Estate, Victor Jimenez, and Paul Daftarian (collectively, “Moving Parties”) seek an order compelling Plaintiff Jessica Weaver to provide full and complete answers, without objections, to the following discovery: (1) first set of form interrogatories by Jimenez; (2) first set of form interrogatories by Daftarian; (3) first set of form interrogatories by Luxe Real Estate; (4) first set of special interrogatories by Jimenez; (5) first set of special interrogatories by Daftarian; (6) first set of special interrogatories by Luxe Real Estate; (7)first set of requests for admission by Jimenez; (8) first set of requests for admission by Daftarian; (9) first set of requests for admission by Luxe Real Estate; and (10) first set of request for production by Luxe Real Estate, et al.  The motions are denied.

As an initial matter, Moving Parties only paid four filing fees.  However, these motions seek responses to ten sets of discovery.  Within 30 days, Moving Parties shall pay six additional filing fees totaling $360. 

Moving parties seek responses to the discovery at issue pursuant to Code of Civil Procedure sections 2030.290, 2031.300, and 2033.280.  (Mot. to compel responses to form interrogatories, at  p. 6:10-18; mot. to deem admitted, at p. 5:16-22; mot. to compel responses to special interrogatories, at p. 7:12-19; mot. to compel responses to request for production, at p. 7:19-26.)  Code of Civil Procedure sections 2030.290, 2031.300, and 2033.280 allow a propounding party to seek an order compelling responses to interrogatories and requests for production, and an order deeming matters admitted when the party to whom the discovery is directed fails to serve a timely response. 

Moving Parties correctly contend that “[u]nsworn responses are tantamount to no responses at all.”  (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.)  However, responses that consist of objections only do not require a verification.  (Code Civ. Proc., §§ 2030.250, subds. (a) and (c), 2031.250, subds. (a) and (c), and 2033.240, subds. (a) and (c).)

Here, Plaintiff served timely responses consisting of objections only to the discovery at issue on January 7, 2022.  (Stilz Decls., Exhs. 2 & 3; 7/8/2022 Sienski Decl., at ¶ 2.)  No verification was required. Accordingly, Moving Parties’ motions are denied.

Plaintiff shall give notice of ruling.