Case Number: BC666292 Hearing Date: April 13, 2018 Dept: 32

geri gomez,

Plaintiff,

v.

jaguar land rover north america llc, et. al.

Defendants.

Case No.: BC666292

Hearing Date: April 13, 2018

[TENTATIVE] order RE:

plaintiff’s motion to compel VERIFIED RESPONSES AND COMPLIANCE WITH REQUESTS FOR PRODUCTION OF DOCUMENTS

BACKGROUND

This is a lemon law case filed by Plaintiff Geri Gomez (“Plaintiff’) due to various alleged defects in a vehicle manufactured by Defendant Jaguar Land Rover of North America, LLC (“Defendant.”)

DISCUSSION

“If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it. . . [t]he party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand. . . . The party making the demand may move for an order compelling response to the demand.” (CCP § 2031.300(a)–(b).)

As set forth in the motion, Plaintiff propounded the Requests for Production of Documents (“RFPs”) on Defendant on August 7, 2017 by mail. On October 6, 2017 Defendant served unverified responses to Plaintiff’s RFPs and agreed to provide responsive documents to Requests Nos. 1, 4, 5, 12, 13, 14, 15, 16, 17, and 18. (Exh. B.) As of the filing of the motion, no documents have been received. Plaintiff met and conferred with Defendant on December 6, 2017 but the parties were unable to informally resolve the matter. (Exh. C.) Defendant does not oppose the motion to show that verified responses or documents have since been served.

Accordingly, the motion is GRANTED. Defendant to provide verification for its responses to the RFPs, and responsive documents to Requests Nos. 1, 4, 5, 12, 13, 14, 15, 16, 17, and 18 within fifteen days of receiving notice of this ruling.

Defendant also requests monetary sanctions pursuant to CCP §2030.300. Accordingly, the request for sanctions is GRANTED in the reduced amount of $1260.00 (3 hours for preparation of the motion and appearing at $400.00 per hour, plus the $60 filing fee.)