Judge: Gregory Keosian, Case: BC721810, Date: 2022-08-09 Tentative Ruling

Case Number: BC721810    Hearing Date: August 9, 2022    Dept: 61

Plaintiff Reza Safaie’s Motion to Compel Responses to Form Interrogatories, Set Two, from Defendant BDR, Inc. is DENIED as MOOT. No sanctions are awarded.

I.                   MOTION TO COMPEL & DEEM ADMITTED

A propounding party may demand a responding party to produce documents that are in their possession, custody or control. (Code Civ. Proc., § 2031.010.) A party may likewise conduct discovery by propounding interrogatories to another party to be answered under oath. (Code Civ. Proc. § 2030.010, subd. (a).) The responding party must respond to the production demand either by complying, by representing that the party lacks the ability to comply, or by objecting to the demand. (Code Civ. Proc., § 2031.210.) The responding party must respond to the interrogatories by answering or objecting. (Code Civ. Proc. § 2030.210, subd. (a).) If the responding party fails to serve timely responses, the propounding party may move for an order compelling responses to the production demand and interrogatories. (Code Civ. Proc., §§ 2030.290, 2031.300.)

A party who fails to serve a timely response to interrogatories or a demand for inspection waives any objection to the demand. (Code Civ. Proc., §§ 2030.290, 2031.300.)

Plaintiff Reza Safaie moves to compel a verification of discovery from Defendant BDR Inc. for form interrogatories, set two. Plaintiff served the discovery on May 4, 2022, and Defendant served responses on June 8, 2022, but without verifications. (Semnar Decl. ¶¶ 3–4.) Responses without verifications are tantamount to no responses at all. (See Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 635–36.)

Defendants in opposition argue that verifications for all outstanding discovery, including the form interrogatories at issue, were served on July 21, 2022, five days before the opposition was filed. (Foellmer Decl. ¶ 2.)

The motion is rendered moot with the service of verifications, and is therefore DENIED.

Plaintiff requests $2,457.00 in sanctions against Defendant and its attorneys, representing 4.5 hours of attorney work at $685 per hour, plus a $60 filing fee.. (Semnar Decl. ¶¶ 10–12.) As the motion is mooted with the provision of a verification, no sanctions are awarded.