Judge: Linda S. Marks, Case: 2020-01158889, Date: 2023-05-22 Tentative Ruling

1. Motion to Compel Answers to Form Interrogatories
2. Motion to Compel Production
3. Motion to Compel Deposition (Oral or Written) filed by Kayla Barrowclaw, and Amber Babin

Plaintiffs Amber Babin and Kayla Barrowclough move to compel Defendant Jazmine Marie Gomez to (1) appear for her deposition, (2) provide further code compliant responses to Demand for Production, Set One, and (3) provide further code compliant responses for Form Interrogatories, Set One.  Plaintiff also requests sanctions in the amount of $16,080.

In the future, Moving party is instructed to file separate motions requesting specific discovery relief, and not combine all three requests into one motion.  

I.        Deposition

The Motion to Compel the Deposition of Defendant Jazmine Marie Gomez is GRANTED pursuant to Code of Civil Procedure section 2025.450.  Sanctions are imposed against Defendant Jazmine Marie Gomez in the amount of $1,900 (3 hours at $400/hour plus the $700 deposition fee).  (Code Civ. Proc., § 2025.450, subd. (g)(1).)

Defendant Jazmine Marie Gomez shall appear for her deposition within 30 days of the notice of ruling.  Plaintiffs shall serve a notice of deposition per code.

II.      Discovery Requests

The Motion to Compel Responses to Requests for Production of Documents, Set One and Form Interrogatories, Set One is GRANTED.  The court find that Defendant waived her objections to the responses by serving untimely responses on October 27, 2022 – seven days after the October 20, 2022 due date.  (Code Civ. Proc., §§ 2030.290, subd. (a) and 2031.300, subd. (a).)  Moreover, the responses are not verified.  Unverified responses are tantamount to no response.  (Melendrez v. Superior Court (2013) 215 Cal.App.4th 1343, 1348; Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636; Code Civ. Proc., § 2031.250, subd. (a).)

Given that (1) the objections were waived and (2) any substantive responses that were provided are unverified, the motion is not subject to the 45-day deadline to compel further responses.  (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.)

Defendant Jazmine Marie Gomez shall provide responses without objections to Requests for Production, Set One and Form Interrogatories, Set One within 30 days of the notice of ruling.

The court GRANTS sanctions for compelling responses to Request for Production, Set One and Form Interrogatories, Set One in the amount of $2,000/discovery set plus the $60 filing fee (5 hours/motion at $400/hour).

In total, the court imposes sanctions the amount of $5,960 against Defendant Jazmine Marie Gomez ($1,900 [deposition] plus $2,000 [production] plus $2,000 [interrogatories] plus $60 [filing fee]), which is due to Plaintiffs within 30 days of the notice of ruling.

The sanctions above are not imposed against defense counsel as the court finds that defense counsel has been diligent in attempting to locate its client, beginning with hiring the private investigator on September 13, 2022 – which is before the discovery was due.

Plaintiffs to give notice.