2017-00210124-CU-BC

Virginia Barcus vs. Richard Barcus

Nature of Proceeding: Motion to Compel 1. Form 2. Production 3. Admission

Filed By: McCardle, John H.

Form Interrogatories and Requests for Production of Documents

Plaintiff Virginia Barcus’ (“Plaintiff”) motion for an order compelling responses to form interrogatories and requests for production of documents from defendant Katherine Barcus (“Defendant”) is UNOPPOSED and is GRANTED.

Plaintiff served the discovery on December 7, 2017, but Defendant did not serve any responses.

No later than March 26, 2018, Defendant shall serve verified written responses, without objections, to the first set of form interrogatories and first set of requests for production of documents.

Because the motion is unopposed, the request for monetary sanctions is DENIED.

This minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.

Requests for Admissions

Plaintiff’s motion to deem matters admitted and for sanctions is UNOPPOSED and is GRANTED.

Plaintiff’s request for sanctions is also GRANTED in the amount of $830 (representing 2 hours of attorney’s fees at $385/hour and a $60 filing fee) to be paid by Defendant to Plaintiff’s counsel no later than April 12, 2018. (Code of Civ. Proc. § 2033.280.) If sanctions are not paid by the due date, prevailing party may submit a formal order for enforcement purposes. (Newland v Superior Court (1995) 40 Cal.App.4th 608, 610.)

The Court is required to make this order deeming the requests for admissions admitted, unless Defendant serves on Plaintiff’s counsel and files with the Court, before the hearing on the motion, verified responses to the requests for admission, without objections.