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.