Case Number: EC060959

Motion of defendant Lawrence J. Saye for an order that the truth of the matters specified in Requests for Admissions, Set One be deemed admitted as true by plaintiff Anna Marefat is denied. The court finds that plaintiff Anna Marefat has served responses substantially complying with the provisions of CCP § 2033.220 prior to the hearing on this motion. However, monetary sanctions are awarded against plaintiff Anna Marefat pursuant to CCP section 2033.280(c) (“It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admissions necessitated this motion.”) because the responses served on December 12, 2013 were not verified, and therefore were the equivalent of no responses at all (see Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636 (unverified responses are “tantamount to no responses at all”). The responses which were verified on January 22, 2014 were not timely. Monetary sanctions in the amount of $975 are awarded against plaintiff and plaintiff’s attorney of record, jointly and severally, payable within 30 days. CCP sections 2033.280(c), 2023.010(d), 2023.030(a).

Motion of defendant Lawrence J. Saye for an order that the truth of the matters specified in Requests for Admissions, Set One be deemed admitted as true by plaintiff Ken Marefat is denied. The court finds that plaintiff Ken Marefat has served responses substantially complying with the provisions of CCP § 2033.220 prior to the hearing on this motion. However, monetary sanctions are awarded against plaintiff Ken Marefat pursuant to CCP section 2033.280(c) (“It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admissions necessitated this motion.”) because the responses served on December 12, 2013 were not verified, and therefore were the equivalent of no responses at all (see Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636 (unverified responses are “tantamount to no responses at all”). The responses which were verified on January 22, 2014 were not timely. Monetary sanctions in the amount of $975 are awarded against plaintiff and plaintiff’s attorney of record, jointly and severally, payable within 30 days. CCP sections 2033.280(c), 2023.010(d), 2023.030(a).

Motion of defendant Sharon Saye for an order that the truth of the matters specified in Requests for Admissions, Set One be deemed admitted as true by plaintiff Anna Marefat is denied. The court finds that plaintiff Anna Marefat has served responses substantially complying with the provisions of CCP § 2033.220 prior to the hearing on this motion. However, monetary sanctions are awarded against plaintiff Anna Marefat pursuant to CCP section 2033.280(c) (“It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admissions necessitated this motion.”) because the responses served on December 12, 2013 were not verified, and therefore were the equivalent of no responses at all (see Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636 (unverified responses are “tantamount to no responses at all”). The responses which were verified on January 22, 2014 were not timely. Monetary sanctions in the amount of $975 are awarded against plaintiff and plaintiff’s attorney of record, jointly and severally, payable within 30 days. CCP sections 2033.280(c), 2023.010(d), 2023.030(a).

Motion of defendant Sharon Saye for an order that the truth of the matters specified in Requests for Admissions, Set One be deemed admitted as true by plaintiff Ken Marefat is denied. The court finds that plaintiff Ken Marefat has served responses substantially complying with the provisions of CCP § 2033.220 prior to the hearing on this motion. However, monetary sanctions are awarded against plaintiff Ken Marefat pursuant to CCP section 2033.280(c) (“It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admissions necessitated this motion.”) because the responses served on December 12, 2013 were not verified, and therefore were the equivalent of no responses at all (see Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636 (unverified responses are “tantamount to no responses at all”). The responses which were verified on January 22, 2014 were not timely. Monetary sanctions in the amount of $975 are awarded against plaintiff and plaintiff’s attorney of record, jointly and severally, payable within 30 days. CCP sections 2033.280(c), 2023.010(d), 2023.030(a).