Judge: Melvin D. Sandvig, Case: 22CHCV00353, Date: 2024-02-13 Tentative Ruling
Case Number: 22CHCV00353 Hearing Date: February 13, 2024 Dept: F47
Dept. F47
Date: 2/13/24
TRIAL DATE: 3/4/24
Case #22CHCV00353
MOTION TO
COMPEL
(Special
Interrogatories, Set 1)
Motion filed on 1/19/24.
MOVING PARTY: Plaintiff Honest Home Improvement, Inc.
RESPONDING PARTY: Defendant Armand Vince Garcia
RULING: The motion is granted.
SUMMARY
OF FACTS & PROCEDURAL HISTORY
On
5/20/22, Plaintiff Honest Home Improvement Inc. (Plaintiff) filed this action
against Defendants Armand Vince Garcia and Garcia Family Trust for: (1) Breach
of Contract, (2) Quantum Meruit, (3) Intentional Misrepresentation, (4)
Negligent Misrepresentation, (5) Fraud, (6) Unjust Enrichment, (7) Common Count
and (8) Foreclosure of Mechanic’s Lien.
On 6/24/22, Defendants answered the complaint and filed a
cross-complaint against Honest Home Improvement, Inc. and Cross-Defendants
Honest Plumbing and Rooter and Benjamin Garcia for: (1) Breach of Contract, (2)
Promissory Fraud, (3) Fraudulent Concealment, (4) Financial Elder Abuse, (5)
Contractual Interference and (6) Constructive Trust. On 8/15/22, cross-defendants answered the
cross-complaint.
On 8/2/23, Plaintiff served Armand Vince Garcia with
Special Interrogatories, Set 1. (Wilson
Decl., Ex.1). Despite meet and confer
efforts, Armand Vince Garcia failed to serve responses to the discovery. (Wilson Decl., Ex.2, 3). Therefore, on 1/19/24, Plaintiff filed and
served the instant motion seeking an order compelling Defendant Armand Vince
Garcia to provide complete, verified responses to Plaintiff Honest Home
Improvement, Inc.’s Special Interrogatories, Set 1, without objection, within
10 days from the date of the court hearing on this matter. Additionally, Plaintiff requests sanctions
against Armand Vince Garcia in the amount of $1,560.00.
On 1/30/24, in response to the motion, Armand Vince
Garcia’s attorney filed a declaration indicating that on 1/30/24 responses to
the Special Interrogatories were served by email on Plaintiff’s counsel. A copy of the 1/30/24 email and responses are
attached to the declaration. (See
1/30/24 Benice Decl., Ex.A). On 2/6/24,
Plaintiff filed a reply to the Benice declaration.
ANALYSIS
CCP 2030.290(a) provides:
“(a) The party to whom the
interrogatories are directed waives any right to exercise the option to produce
writings under Section
2030.230, as well as any objection to the interrogatories, including one
based on privilege or on the protection for work product under Chapter 4
(commencing with Section
2018.010). The court, on motion, may relieve that party from this waiver on
its determination that both of the following conditions are satisfied:
(1) The party has subsequently
served a response that is in substantial compliance with Sections
2030.210, 2030.220, 2030.230,
and 2030.240.
(2) The party's failure to serve a
timely response was the result of mistake, inadvertence, or excusable neglect.”
Unverified responses to discovery are the equivalent of
no response. See Appleton
(1988) 206 CA3d 632, 635-636. Here, the
responses to the Special Interrogatories belatedly served by Armand Vince
Garcia on 1/30/24 are not verified. (See
Benice Decl., Ex.A). While the
accompanying email indicates that “[v]erification is to follow,” there is no
evidence that a verification has been served and the reply indicates that the
responses are unverified. (Id.;
Reply, p.2:1-9).
Even if the responses were verified, a brief review of
same indicates that at lease some of the responses are
improper/insufficient. For example, the
“Preliminary Statement” to the responses indicate that they are being made
“subject to the objections and qualification set forth herein.” However, because the responses were not
timely, Armand Vince Garcia waived any objection to the Special
Interrogatories. CCP 2030.290(a). Similarly, certain of the responses appear to
rely, at least in part, on reference to writings which right has also been
waived due to the untimeliness of the responses. Id.
Based on the foregoing, Plaintiff is entitled to an order
compelling verified responses without objections. CCP 2030.290(a), (b).
Additionally, Plaintiff is entitled to an award of
sanctions in the amount of $1,560.00 against Armand Vince Garcia for his
failure to comply with his discovery obligations. CCP 2023.010(c); CCP 2030.290(c); (Wilson
Decl. ¶7).
CONCLUSION
The motion is granted.
Verified responses are due and sanctions are payable within 10
days.