Judge: Donald F. Gaffney, Case: Lopez v. Auburn, Date: 2023-08-09 Tentative Ruling

TENTATIVE RULING:

Defendants Morgan Auburn and Monique Egan filed motions to compel Plaintiff to serve responses to Special Interrogatories (Set One), Form Interrogatories (Set One), and Requests for Production (Set One).  Plaintiff did not file an opposition to the motions.  For the following reasons, the unopposed motions are GRANTED.

A party may move for an order compelling responses to discovery at any time if the party to whom interrogatories or requests for production are directed fails to serve a timely response. (Code Civ. Proc., §§ 2030.290(b), 2031.300(b).) By failing to serve timely responses, the responding party waives “any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product.” (Code Civ. Proc., §§ 2030.290(a); 2031.300(a).)

Here, the record reflects that Defendants served the discovery at issue on January 10, 2023.  Plaintiff served responses to the discovery, but those responses were not verified.  Defendants granted multiple extensions for Plaintiff to serve verifications up to May 1, 2023, but Plaintiff failed to serve those verifications. 

The Discovery Act requires that responses to discovery be “in writing under oath…”  (See Code Civ. Proc. § 2030.210 (a) (interrogatories) & § 2031.250(a) (requests for production).)

Unverified responses “are tantamount to no responses at all.” (Steven M. Garber & Associates v. Eskandarian (2007) 150 Cal.App.4th 813, 817, n. 4 (citing Appleton v. Superior Court (1988) 206 Cal. App. 3d 632, 636).)  Because Plaintiff failed to serve verifications with Plaintiff’s responses, Plaintiff’s responses were tantamount to no responses at all.  As such, the motions are GRANTED. 

No later than thirty (30) days after service of the notice of ruling, Plaintiff shall serve verifications to Plaintiff’s responses to Defendant’s Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Production of Documents (Set One).

Defendants’ request for sanctions against Plaintiff is granted in part. (See Code Civ. Proc., §§ 2023.010, 2030.290(c), 2031.300(c), 2033.280(b).) Plaintiff is ordered to pay sanctions in the amount of $1,500 to Defendants, within 30 days of the service of the notice of ruling.

Defendants to give notice.