2018-00226958-CU-NP

Green & Hemly vs. Alpine Helicopter Service, Inc.

Nature of Proceeding: Motion to Compel Special Interrogatories (David J. Elliot & Sons)

Filed By: Leath, David M.

The motion of defendant Alpine Helicopter Service, Inc. (“Alpine”) for an order compelling plaintiff David J. Elliot & Sons (“Elliot”), to serve verified responses to special interrogatories, set one, is granted. Alpine’s concurrent motion for monetary sanctions is granted in the amount of $245.

Alpine brings this motion solely to compel Elliot to provide the original verification of the unverified responses served November 17, 2018.

Alpine’s counsel sent two letters to Elliot’s counsel requesting Elliot’s verification of the subject discovery responses. The first letter was dated November 27, 2018. The second letter was dated January 7, 2019. The second letter indicated that Alpine would file its motions to compel the verifications if Elliot did not perform by January 18, 2019. There is no indication that Elliot’s counsel responded to these letters, and Elliot did not provide original verification as requested.

Alpine thereafter filed its motion to compel on February 6, 2019.

On February 15, 2019, Elliot’s counsel sent an email to Alpine’s counsel indicating that the email was accompanied by a verification of the subject discovery request. (Cedar Dec., Exh. 1.)

Elliot opposes the motion arguing that Alpine’s meet and confer efforts were inadequate, and should have included an additional effort to communicate other than by standard mail. Elliot argues that since the discovery response indicated that verification would “follow,” there was never a dispute that verification would ultimately be provided. Elliot’s counsel, Mr. Cedar, indicates that he was aware of Alpine’s first meet and confer letter, but he did not perceive a need to act with expedition since that letter did not set a deadline to provide the missing verifications. Mr. Cedar declares that he was not aware of Alpine’s second letter dated January 7, 2019, until he received the motion to compel filed a month later. (Cedar Dec., ¶ 6.) As noted by Alpine in Reply, Mr. Cedar does not declare that the second meet and confer letter was not received by his office, and the opposition does not provide any explanation for his lack of awareness of the second meet and confer letter.

In Reply, Alpine represents that as February 27, 2019, Elliot had still not delivered the corresponding original verification to Alpine.

As Alpine’s points and authorities demonstrate, discovery responses that are not accompanied by an original verification are the functional equivalent of no response at all. And, the propounding party is to receive and retain the original verification for trial or final disposition of the action. (E.g. Code of Civil Procedure sections 2030.280, 2031.290.) A motion to compel a verification of discovery responses is properly made pursuant to the corresponding provision for compelling a party to provide responses where they have failed to timely respond. (E.g. Code of Civil Procedure sections 2030.290, 2031.300.) Such motions do not expressly require a meet and confer process or declaration prior to bringing the motion.

Here, the motion record indicates that Elliot has not yet provided the original verification to the corresponding discovery responses. This motion is granted to order Elliot to provide the original verification to Alpine no later than March 11, 2019.

The award of sanctions is based upon one hour of attorney time to prepare the motion at $185, and restitution of the $60 motion fee. The court finds that the sanction is appropriate as the plaintiff opposes the motion, the plaintiff’s actions in failing to provide original verifications with the responses and failure to respond to Alpine’s meet and confer letters was not substantially justified, and imposition of the sanction is not unjust.

This minute order is immediately effective. A formal order and further notice of this ruling are not required.

Item 4 2018-00226958-CU-NP

Green & Hemly vs. Alpine Helicopter Service, Inc.

Nature of Proceeding: Motion to Compel Production of Documents (Green & Hemly)

Filed By: Leath, David M.

The motion of defendant Alpine Helicopter Service, Inc. (“Alpine”) for an order compelling plaintiff Green & Hemly (“Green”) to serve verified responses to request for production of documents, set one, is granted. Alpine’s concurrent motion for monetary sanctions is granted in the amount of $189.50.

Alpine brings this motion solely to compel Green to provide the original verification of the unverified responses served November 17, 2018.

Alpine’s counsel sent two letters to Green’s counsel requesting Green’s verification of the subject discovery responses. The first letter was dated November 27, 2018. The second letter was dated January 7, 2019. The second letter indicated that Alpine would file its motions to compel the verifications if Green did not perform by January 18, 2019. There is no indication that Green’s counsel responded to these letters, and Green did not provide original verification as requested.

Alpine thereafter filed its motion to compel on February 6, 2019.

On February 15, 2019, Green’s counsel sent an email to Alpine’s counsel indicating that the email was accompanied by a verification of the subject discovery request. (Cedar Dec., Exh. 1.)

Green opposes the motion arguing that Alpine’s meet and confer efforts were inadequate, and should have included an additional effort to communicate other than by standard mail. Green argues that since the discovery response indicated that verification would “follow,” there was never a dispute that verification would ultimately be provided. Green’s counsel, Mr. Cedar, indicates that he was aware of Alpine’s first meet and confer letter, but he did not perceive a need to act with expedition since that letter did not set a deadline to provide the missing verifications. Mr. Cedar declares that he was not aware of Alpine’s second letter dated January 7, 2019, until he received the motion to compel filed a month later. (Cedar Dec., ¶ 6.) As noted by Alpine in Reply, Mr. Cedar does not declare that the second meet and confer letter was not received by his office, and the opposition does not provide any explanation for his lack of awareness of the second meet and confer letter.

In Reply, Alpine represents that as February 27, 2019, Green had still not delivered the corresponding original verification to Alpine.

As Alpine’s points and authorities demonstrate, discovery responses that are not accompanied by an original verification are the functional equivalent of no response at all. And, the propounding party is to receive and retain the original verification for trial or final disposition of the action. (E.g. Code of Civil Procedure sections 2030.280, 2031.290.) A motion to compel a verification of discovery responses is properly made pursuant to the corresponding provision for compelling a party to provide responses where they have failed to timely respond. (E.g. Code of Civil Procedure sections 2030.290, 2031.300.) Such motions do not expressly require a meet and confer process or declaration prior to bringing the motion.

Here, the motion record indicates that Green has not yet provided the original verification to the corresponding discovery responses. This motion is granted to order

Green to provide the original verification to Alpine no later than March 11, 2019.

The award of sanctions is based upon .7 of one hour of attorney time to prepare the motion at $185 hourly rate, and restitution of the $60 motion fee. The court finds that the sanction is appropriate as the plaintiff opposes the motion, the plaintiff’s actions in failing to provide original verifications with the responses and failure to respond to Alpine’s meet and confer letters was not substantially justified, and imposition of the sanction is not unjust.

This minute order is immediately effective. A formal order and further notice of this ruling are not required.

Item 5 2018-00226958-CU-NP

Green & Hemly vs. Alpine Helicopter Service, Inc.

Nature of Proceeding: Motion to Compel Special Interrogatories (Green & Hemly)

Filed By: Leath, David M.

The motion of defendant Alpine Helicopter Service, Inc. (“Alpine”) for an order compelling plaintiff Green & Hemly (“Green”) to serve verified responses to special interrogatories, set one, is granted. Alpine’s concurrent motion for monetary sanctions is granted in the amount of $245.

Alpine brings this motion solely to compel Green to provide the original verification of the unverified responses served November 17, 2018.

Alpine’s counsel sent two letters to Green’s counsel requesting Green’s verification of the subject discovery responses. The first letter was dated November 27, 2018. The second letter was dated January 7, 2019. The second letter indicated that Alpine would file its motions to compel the verifications if Green did not perform by January 18, 2019. There is no indication that Green’s counsel responded to these letters, and Green did not provide original verification as requested.

Alpine thereafter filed its motion to compel on February 6, 2019.

On February 15, 2019, Green’s counsel sent an email to Alpine’s counsel indicating that the email was accompanied by a verification of the subject discovery request. (Cedar Dec., Exh. 1.)

Green opposes the motion arguing that Alpine’s meet and confer efforts were inadequate, and should have included an additional effort to communicate other than by standard mail. Green argues that since the discovery response indicated that verification would “follow,” there was never a dispute that verification would ultimately be provided. Green’s counsel, Mr. Cedar, indicates that he was aware of Alpine’s first meet and confer letter, but he did not perceive a need to act with expedition since that letter did not set a deadline to provide the missing verifications. Mr. Cedar declares that he was not aware of Alpine’s second letter dated January 7, 2019, until he received the motion to compel filed a month later. (Cedar Dec., ¶ 6.) As noted by

Alpine in Reply, Mr. Cedar does not declare that the second meet and confer letter was not received by his office, and the opposition does not provide any explanation for his lack of awareness of the second meet and confer letter.

In Reply, Alpine represents that as February 27, 2019, Green had still not delivered the corresponding original verification to Alpine.

As Alpine’s points and authorities demonstrate, discovery responses that are not accompanied by an original verification are the functional equivalent of no response at all. And, the propounding party is to receive and retain the original verification for trial or final disposition of the action. (E.g. Code of Civil Procedure sections 2030.280, 2031.290.) A motion to compel a verification of discovery responses is properly made pursuant to the corresponding provision for compelling a party to provide responses where they have failed to timely respond. (E.g. Code of Civil Procedure sections 2030.290, 2031.300.) Such motions do not expressly require a meet and confer process or declaration prior to bringing the motion.

Here, the motion record indicates that Green has not yet provided the original verification to the corresponding discovery responses. This motion is granted to order Green to provide the original verification to Alpine no later than March 11, 2019.

The award of sanctions is based upon one hour of attorney time to prepare the motion at $185, and restitution of the $60 motion fee. The court finds that the sanction is appropriate as the plaintiff opposes the motion, the plaintiff’s actions in failing to provide original verifications with the responses and failure to respond to Alpine’s meet and confer letters was not substantially justified, and imposition of the sanction is not unjust.

This minute order is immediately effective. A formal order and further notice of this ruling are not required.

Item 6 2018-00226958-CU-NP

Green & Hemly vs. Alpine Helicopter Service, Inc.

Nature of Proceeding: Motion to Compel Form Interrogatories (Green & Hemly)

Filed By: Leath, David M.

The motion of defendant Alpine Helicopter Service, Inc. (“Alpine”) for an order compelling plaintiff Green & Hemly (“Green”) to serve verified responses to form interrogatories, set one, is granted. Alpine’s concurrent motion for monetary sanctions is granted in the amount of $245.

Alpine brings this motion solely to compel Green to provide the original verification of the unverified responses served November 17, 2018.

Alpine’s counsel sent two letters to Green’s counsel requesting Green’s verification of the subject discovery responses. The first letter was dated November 27, 2018. The second letter was dated January 7, 2019. The second letter indicated that Alpine would file its motions to compel the verifications if Green did not perform by January 18, 2019. There is no indication that Green’s counsel responded to these letters, and Green did not provide original verification as requested.

Alpine thereafter filed its motion to compel on February 6, 2019.

On February 15, 2019, Green’s counsel sent an email to Alpine’s counsel indicating that the email was accompanied by a verification of the subject discovery request. (Cedar Dec., Exh. 1.)

Green opposes the motion arguing that Alpine’s meet and confer efforts were inadequate, and should have included an additional effort to communicate other than by standard mail. Green argues that since the discovery response indicated that verification would “follow,” there was never a dispute that verification would ultimately be provided. Green’s counsel, Mr. Cedar, indicates that he was aware of Alpine’s first meet and confer letter, but he did not perceive a need to act with expedition since that letter did not set a deadline to provide the missing verifications. Mr. Cedar declares that he was not aware of Alpine’s second letter dated January 7, 2019, until he received the motion to compel filed a month later. (Cedar Dec., ¶ 6.) As noted by Alpine in Reply, Mr. Cedar does not declare that the second meet and confer letter was not received by his office, and the opposition does not provide any explanation for his lack of awareness of the second meet and confer letter.

In Reply, Alpine represents that as February 27, 2019, Green had still not delivered the corresponding original verification to Alpine.

As Alpine’s points and authorities demonstrate, discovery responses that are not accompanied by an original verification are the functional equivalent of no response at all. And, the propounding party is to receive and retain the original verification for trial or final disposition of the action. (E.g. Code of Civil Procedure sections 2030.280, 2031.290.) A motion to compel a verification of discovery responses is properly made pursuant to the corresponding provision for compelling a party to provide responses where they have failed to timely respond. (E.g. Code of Civil Procedure section 2030.290, 2031.300.) Such motions do not expressly require a meet and confer process or declaration prior to bringing the motion.

Here, the motion record indicates that Green has not yet provided the original verification to the corresponding discovery responses. This motion is granted to order Green to provide the original verification to Alpine no later than March 11, 2019.

The award of sanctions is based upon one hour of attorney time to prepare the motion at $185, and restitution of the $60 motion fee. The court finds that the sanction is appropriate as the plaintiff opposes the motion, the plaintiff’s actions in failing to provide original verifications with the responses and failure to respond to Alpine’s meet and confer letters was not substantially justified, and imposition of the sanction is not unjust.

This minute order is immediately effective. A formal order and further notice of this

ruling are not required.

Item 7 2018-00226958-CU-NP

Green & Hemly vs. Alpine Helicopter Service, Inc.

Nature of Proceeding: Motion to Compel Form Interrogatories (David J. Elliot& Sons)

Filed By: Leath, David M.

The motion of defendant Alpine Helicopter Service, Inc. (“Alpine”) for an order compelling plaintiff David J. Elliot & Sons (“Elliot”), to serve verified responses to form interrogatories, set one, is granted. Alpine’s concurrent motion for monetary sanctions is granted in the amount of $245.

Alpine brings this motion solely to compel Elliot to provide the original verification of the unverified responses served November 17, 2018.

Alpine’s counsel sent two letters to Elliot’s counsel requesting Elliot’s verification of the subject discovery responses. The first letter was dated November 27, 2018. The second letter was dated January 7, 2019. The second letter indicated that Alpine would file its motions to compel the verifications if Elliot did not perform by January 18, 2019. There is no indication that Elliot’s counsel responded to these letters, and Elliot did not provide original verification as requested.

Alpine thereafter filed its motion to compel on February 6, 2019.

On February 15, 2019, Elliot’s counsel sent an email to Alpine’s counsel indicating that the email was accompanied by a verification of the subject discovery request. (Cedar Dec., Exh. 1.)

Elliot opposes the motion arguing that Alpine’s meet and confer efforts were inadequate, and should have included an additional effort to communicate other than by standard mail. Elliot argues that since the discovery response indicated that verification would “follow,” there was never a dispute that verification would ultimately be provided. Elliot’s counsel, Mr. Cedar, indicates that he was aware of Alpine’s first meet and confer letter, but he did not perceive a need to act with expedition since that letter did not set a deadline to provide the missing verifications. Mr. Cedar declares that he was not aware of Alpine’s second letter dated January 7, 2019, until he received the motion to compel filed a month later. (Cedar Dec., ¶ 6.) As noted by Alpine in Reply, Mr. Cedar does not declare that the second meet and confer letter was not received by his office, and the opposition does not provide any explanation for his lack of awareness of the second meet and confer letter.

In Reply, Alpine represents that as February 27, 2019, Elliot had still not delivered the corresponding original verification to Alpine.

As Alpine’s points and authorities demonstrate, discovery responses that are not accompanied by an original verification are the functional equivalent of no response at all. And, the propounding party is to receive and retain the original verification for trial or final disposition of the action. (E.g. Code of Civil Procedure sections 2030.280, 2031.290.) A motion to compel a verification of discovery responses is properly made pursuant to the corresponding provision for compelling a party to provide responses where they have failed to timely respond. (E.g. Code of Civil Procedure sections 2030.290, 2031.300.) Such motions do not expressly require a meet and confer process or declaration prior to bringing the motion.

Here, the motion record indicates that Elliot has not yet provided the original verification to the corresponding discovery responses. This motion is granted to order Elliot to provide the original verification to Alpine no later than March 11, 2019.

The award of sanctions is based upon one hour of attorney time to prepare the motion at $185, and restitution of the $60 motion fee. The court finds that the sanction is appropriate as the plaintiff opposes the motion, the plaintiff’s actions in failing to provide original verifications with the responses and failure to respond to Alpine’s meet and confer letters was not substantially justified, and imposition of the sanction is not unjust.

This minute order is immediately effective. A formal order and further notice of this ruling are not required.

Item 8 2018-00226958-CU-NP

Green & Hemly vs. Alpine Helicopter Service, Inc.

Nature of Proceeding: Motion to Compel Production of Documents (David J. Elliot & Sons)

Filed By: Leath, David M.

The motion of defendant Alpine Helicopter Service, Inc. (“Alpine”) for an order compelling plaintiff David J. Elliot & Sons (“Elliot”), to serve verified responses to request for production of documents, set one, is granted. Alpine’s concurrent motion for monetary sanctions is granted in the amount of $245.

Alpine brings this motion solely to compel Elliot to provide the original verification of the unverified responses served November 17, 2018.

Alpine’s counsel sent two letters to Elliot’s counsel requesting Elliot’s verification of the subject discovery responses. The first letter was dated November 27, 2018. The second letter was dated January 7, 2019. The second letter indicated that Alpine would file its motions to compel the verifications if Elliot did not perform by January 18, 2019. There is no indication that Elliot’s counsel responded to these letters, and Elliot did not provide original verification as requested.

Alpine thereafter filed its motion to compel on February 6, 2019.

On February 15, 2019, Elliot’s counsel sent an email to Alpine’s counsel indicating that the email was accompanied by a verification of the subject discovery request. (Cedar Dec., Exh. 1.)

Elliot opposes the motion arguing that Alpine’s meet and confer efforts were inadequate, and should have included an additional effort to communicate other than by standard mail. Elliot argues that since the discovery response indicated that verification would “follow,” there was never a dispute that verification would ultimately be provided. Elliot’s counsel, Mr. Cedar, indicates that he was aware of Alpine’s first meet and confer letter, but he did not perceive a need to act with expedition since that letter did not set a deadline to provide the missing verifications. Mr. Cedar declares that he was not aware of Alpine’s second letter dated January 7, 2019, until he received the motion to compel filed a month later. (Cedar Dec., ¶ 6.) As noted by Alpine in Reply, Mr. Cedar does not declare that the second meet and confer letter was not received by his office, and the opposition does not provide any explanation for his lack of awareness of the second meet and confer letter.

In Reply, Alpine represents that as February 27, 2019, Elliot had still not delivered the corresponding original verification to Alpine.

As Alpine’s points and authorities demonstrate, discovery responses that are not accompanied by an original verification are the functional equivalent of no response at all. And, the propounding party is to receive and retain the original verification for trial or final disposition of the action. (E.g. Code of Civil Procedure sections 2030.280, 2031.290.) A motion to compel a verification of discovery responses is properly made pursuant to the corresponding provision for compelling a party to provide responses where they have failed to timely respond. (E.g. Code of Civil Procedure sections 2030.290, 2031.300.) Such motions do not expressly require a meet and confer process or declaration prior to bringing the motion.

Here, the motion record indicates that Elliot has not yet provided the original verification to the corresponding discovery responses. This motion is granted to order Elliot to provide the original verification to Alpine no later than March 11, 2019.

The award of sanctions is based upon one hour of attorney time to prepare the motion at $185, and restitution of the $60 motion fee. The court finds that the sanction is appropriate as the plaintiff opposes the motion, the plaintiff’s actions in failing to provide original verifications with the responses and failure to respond to Alpine’s meet and confer letters was not substantially justified, and imposition of the sanction is not unjust.

This minute order is immediately effective. A formal order and further notice of this ruling are not required.