Roman v. Santa Clara Valley Medical Center et. al. CASE NO. 112CV223557
DATE: 16 May 2014 TIME: 9:00 LINE NUMBER: 03
This matter will be heard by the Honorable Judge Socrates Peter Manoukian in Department 19 in the Old Courthouse, 2nd Floor, 161 North First Street, San Jose. Any party opposing the tentative ruling must call Department 19 at 408.808.6856 and the opposing party no later than 4:00 PM Thursday 15 March 2014. Please specify the issue to be contested when calling the Court and counsel.

On 16 May 2014, the motion of Defendant County of Santa Clara (“Defendant”) to compel Plaintiff, Yvette Michelle Roman (“Plaintiff”) to respond to Special Interrogatories and Form Interrogatories was argued and submitted.

Plaintiff did not file formal opposition to the motion.

Statement of Facts

Plaintiff brings causes of action alleging medical negligence, lack of informed consent, and breach of contract arising out of an abdominal hysterectomy procedure involving the termination of a pregnancy at 21 weeks on 29 March 2011, at Santa Clara Valley Medical Center. She also claims to have been physically injured

Thus Plaintiff filed this complaint on 2 May 2012. Named as defendants are the County of Santa Clara, Lisa M. Lee, M.D., Marisa Chavez, M.D., and Michelle P. Hugin, M.D.

Discovery Dispute

On 11 February 2013, Defendant caused to be served Special Interrogatories, Set One and Form Interrogatories, Set One on Plaintiff.

On 10 May 2013, Defendant received by mail Plaintiff’s responses to Form Interrogatories, Set One, but without verifications.

Defendant has never received responses to Special Interrogatories, Set One. Verifications for Form Interrogatories, Set One were never served.

Discussion

Here, Plaintiff served responses only to Defendant’s Form Interrogatories, Set One, but failed to send the accompanying verifications. Thus Plaintiff has failed to serve responses to Form Interrogatories and Special Interrogatories.

Pursuant Code of Civil Procedure § 2030.290(b), when a party fails to serve a written response to interrogatories, the party propounding the interrogatories may move for an order compelling a response. Furthermore, unsworn responses are tantamount to no responses at all. Appleton v. Superior Court, (1988) 206 Cal. App. 632, 636.

The motion of Defendant County of Santa Clara is GRANTED. Plaintiff shall serve verified responses to Form Interrogatories, Set One and Special Interrogatories, Set One, without objections, within 20 days of the filing of this Order.