Judge: Nathan R. Scott, Case: Santana v. Two Feathers Series, Date: 2022-10-14 Tentative Ruling

Defendant Two Feathers Series LLC’s motion to compel is granted.  (See Code Civ. Proc., §§ 2023.010, subd. (g), 2023.030, subd. (c), 2030.290, subd. (c), and 2031.300, subd. (c).)   

Plaintiff Oscar Santana shall serve defendant with verifications to his form interrogatories and requests for production responses within 30 days.

Plaintiff shall pay $910 in additional discovery sanctions to defendant.

Defendant’s alternative request for terminating sanctions is denied without prejudice to a future request if verifications are not provided.

The court has already ordered plaintiff to verify his discovery responses somehow, even if through a guardian ad litem.  (See 4/15/22 order; see also Regency Health Services, Inc. v. Superior Court (1998) 64 Cal.App.4th 1496, 1504-1505 [“a guardian ad litem has the authority, subject to the court's ultimate supervision, to verify proper responses”].)

The opposition does not adequately explain why no guardian has been appointed, especially given counsel’s prior representations.  (See 4/5/22 Jerisat decl. ¶¶ 4-5.)  Counsel’s current declaration is vague about his efforts to contact plaintiff and the Baca declaration does not state it was signed in California.  (See Code Civ. Proc., § 2015.5.) 

Defendant shall give notice