Judge Walter P. Schwarm, Case 30-2021-01231899 2022-08-30 Tentative Ruling

Judge: Walter P. Schwarm, Case: 30-2021-01231899, Date: 2022-08-30 Tentative Ruling

Motion No. 1:

Plaintiffs’ (Roberto Garcia Jr. and Marie M. Garcia) unopposed Motion to Compel Responses, Without Objections, to Plaintiffs’ Form Interrogatories (Set One) (Motion), filed on 4-11-22 under ROA No. 32, is GRANTED.

Code of Civil Procedure section 2030.290 states, in part, “If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply: (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). . . . [¶] (b) The party propounding the interrogatories may move for an order compelling response to the interrogatories.”

Appleton v. Superior Ct. (Appleton) (1988) 206 Cal.App.3d 632, 635-636, states, “The responses were provided in this case but they were not verified. Unsworn responses are tantamount to no responses at all. [Citation.]”

On 1-7-22, Plaintiffs served Defendant (FCA US, LLC with “Form Interrogatories—General, Set No. One.” (Young Decl., ¶ 9 and Exhibit 3.) On 2-18-22, Defendant provided responses to the request, however, the responses did not include any verification. (Young Decl., ¶ 16, Exhibit 7.)

Since Defendant did not provide a verification with Defendant’s responses to the discovery request at issue, Defendant has not provided timely responses within the meaning of Code of Civil Procedure section 2030.290. Therefore, the court GRANTS Plaintiffs’ (Roberto Garcia Jr. and Marie M. Garcia) unopposed Motion to Compel Responses, Without Objections, to Plaintiffs’ Form Interrogatories (Set One) filed on 4-11-22 under ROA No. 32. The court ORDERS Defendant to provide verified responses, without objection, to Plaintiffs’ “Form Interrogatories—General, Set No. One” (Young Decl., ¶ 9 and Exhibit 3; Code Civ. Proc., § 2030.250, subd. (a)) within 30 days of the date of service of the notice of this order.

Plaintiffs are to give notice.

Motion No. 2:

Plaintiffs’ (Roberto Garcia Jr. and Marie M. Garcia) unopposed Motion for an Order Deeming the Truth of Matters in Plaintiff’s Request for Admissions (Set One) Admitted (Motion), filed on 4-11-22 under ROA No. 33, is GRANTED.

Code of Civil Procedure section 2033.280, states, in part, “If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). . . [¶] (b) The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the request be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010.)”

On 1-7-22, Plaintiffs served Defendant with “Requests for Admissions to Defendant, Set One. (Young Decl., ¶ 12 and Exhibit 6.) On 2-18-22, Defendant provided responses to the request, however, the responses did not include any verification. (Young Decl., ¶ 16, Exhibit 7.)

Since Defendant did not provide a verification with Defendant’s responses to the discovery request at issue, Defendant has not provided timely responses within the meaning of Code of Civil Procedure section 2033.280. Based on the above, the court GRANTS Plaintiffs’ (Roberto Garcia Jr. and Marie M. Garcia) unopposed Motion for an Order Deeming the Truth of Matters in Plaintiff’s Request for Admissions (Set One) Admitted filed on 4-11-22 under ROA No. 33. The court orders that “. . . the genuineness of any documents and the truth of any matters specified in . . .” “Requests for Admissions to Defendant, Set One,” (Young Decl., ¶ 12 and Exhibit 6) be deemed admitted. (Code Civ. Proc., § 2033.280, subd. (b).)

Plaintiffs are to give notice.