Judge: Deborah C. Servino, Case: 30-2022-01248480, Date: 2022-09-30 Tentative Ruling

Plaintiff Kang Uk Lee’s motions to compel responses to request for production of documents propounded on Defendants General Motors, LLC and Simpson, Automotive, Inc. are granted in part and denied in part.

Plaintiff’s request for an order compelling Defendants to serve responses without objections is denied. Defendants timely served their hybrid responses, and the lack of verification did not result in a waiver of their objections. (See Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, 657-658 [“The only situation in which a lack of verification could both render the response untimely and result in a waiver of objections under subdivision (k) is when the initial unverified response contains no objections.”].)

Plaintiff’s request for an order compelling Defendants to serve verifications and produce documents is denied as moot. Defendants confirm that verifications and document production were served before the hearing, and Plaintiff does not deny that they have been received. (See Reply, at p. 2.) 

Plaintiff’s request for an award of monetary sanctions is granted. (Code Civ. Proc., §§ 2023.010, subd. (d), 2031.300, subd. (c); Cal. Rules of Court, rule 3.1348.) Defendants failed to serve verifications with their responses despite being granted multiple extensions.  Plaintiff waited an additional 20 days after sending his meet and confer letter, before filing these motions. Plaintiff is awarded a reasonable sum of $310 against Defendant General Motors, LLC, and $310 against Defendant Simpson Automotive, Inc. Within 30 days of the notice of ruling, Defendants shall pay the ordered sanctions to the Law Offices of Alex Cha & Associates.

Plaintiff shall give notice of the ruling.