Judge: Lynne M. Hobbs, Case: 22STCV32531, Date: 2023-08-24 Tentative Ruling

Case Number: 22STCV32531    Hearing Date: August 24, 2023    Dept: 30

MIKE KARIMI vs KURSTEN CLAIRE RUSH, et al.

Re: Motion to Compel Verified Responses to Form Interrogatories; Motion to Compel Verified Responses to Request for Admission 

Ruling:  Granted.  Defendant Rush is compelled to serve verified responses without objection and within 20 days from date of hearing. Court declines to issue sanctions. Moving party to give notice.

Discussion:  Plaintiff’s counsel testifies that he served FROGs and RFAs on Defendant Rush on April 5, 2023. (Kashani Decl., ¶4.) Rush served unverified responses on May 23, 2023. (Id., ¶6.) Rush has not served verified answers to date. (Id., ¶7.) Because Rush’s responses to the discovery requests were unverified, they are tantamount to no response at all. Plaintiff’s motion is granted because Rush is deemed not to have served responses to the requests. The Court notes that this motion was improperly styled as a motion to compel further. Because the unverified responses are tantamount to no response at all, these motions are motions to compel initial responses to discovery requests. Although Rush argues that Plaintiff was required to meet and confer before filing these motions, there is no meet and confer requirement if no responses are deemed to have been provided at all.  As these motions are unopposed, the Court declines to issue sanctions.