Judge: Michael Shultz, Case: 22CMUD01415, Date: 2023-02-28 Tentative Ruling

Case Number: 22CMUD01415    Hearing Date: February 28, 2023    Dept: A

22CMUD01415 Victor Saucedo v. Jose DeJesus Orozco, Yuribeth Chavez

Tuesday, February 28,  2023 at 8:30 a.m.

[TENTATIVE] ORDER GRANTING DEFENDANT’S THREE MOTIONS TO COMPEL PLAINTIFF’S RESPONSES TO FORM INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS, AND TO DEEM MATTERS ADMITTED; REQUEST FOR SANCTIONS  

              This unlawful detainer action arises from Defendants’ alleged failure to pay rent for residential real property.

              On November 11, 2022, Defendant, Yuribeth Chavez (“Chavez”) served Set 1 of Form Interrogatories, Request for Production of Documents, and Requests for Admission on Plaintiff. Plaintiff served unverified responses on January 28, 2023. Defendant has requested verifications from Plaintiff, who failed to provide them.

              Plaintiff did not file an opposition to the motion, however, in unlawful detainer actions, any opposition to a discovery motion and reply thereto may be made orally at the time of the hearing. (Cal. Rules of Court, Rule 3.1347).

              Where a party fails to timely respond to interrogatories and a document request, the Court has authority to compel a response. (Code Civ. Proc., § 2030.290 (b), § 2031.300(b)). Untimely responses result in a waiver of objections. (Code Civ. Proc., § 2030.290(a), § 2031.300(a)). Unverified responses are “tantamount to no response at all.” Unsworn responses are tantamount to no responses at all. (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636). There is no evidence that Plaintiff has served verified responses.            

              Where a party fails to respond to requests for admission, the Court can deem the matters admitted against Plaintiff unless Plaintiff serves code-compliant responses before the hearing on the motion. Code Civ. Proc., § 2033.280(c). There is no evidence Plaintiff provided code-compliant responses.

              Accordingly, the Court GRANTS Defendant’s motion to compel Plaintiff’s verified responses without objection to Form Interrogatories – Unlawful Detainer and Request for Production of Documents. Plaintiff is ordered to provide verified responses to the foregoing discovery within five days’ notice of the Court’s order. Code Civ. Proc., §2030.290(b), § 2031.300(b). The Court imposes sanctions of $500 against Plaintiff for each of the two motions for Plaintiff’s failure to timely respond to written discovery. Code Civ. Proc., § 2030.290(c), 2031.300(c).  

              The Court GRANTS Defendant’s Motion to Deem Matters Admitted. Imposition of sanctions is mandatory where a party’s failure to respond necessitates the motion. Code Civ. Proc., § 2033.280(c). The Court orders Plaintiff to pay sanctions of $500 incurred for this motion. All sanctions are payable to defense counsel within five days.