Judge: Mark H. Epstein, Case: 23SMCV01191, Date: 2025-04-11 Tentative Ruling
Case Number: 23SMCV01191 Hearing Date: April 11, 2025 Dept: I
The motions are MOOT.
Verified responses without objection other than general objections were
served on or about March 20, 2025. The
general objections are improper and are STRICKEN. If plaintiff believes that this changes any
of the responses, plaintiff may file amended verified responses without
objection within 3 court days.
Otherwise, the court will presume conclusively and bindingly that the
verified responses are the same without the general objections.
As to sanctions, the court cannot award fee sanctions to
defendant because the sanctions go only to attorneys’ fees, and there are none
because the moving party is self-represented.
The court will award sanctions of $60 per motion to cover the filing
fee. That is assessed against plaintiff,
but not counsel, and are payable within 30 days to the moving party.
The court notes the odd situation that the verifications
were signed before the actual responses.
Usually, a verification states that the declarant has reviewed the
actual responses and verifies that they are true and correct. The court cannot understand this temporal
anomaly, but it is a bit concerning.