2013-00146843-CL-IC

State Farm Mutual Automobile Ins Co vs. Elena Gutierrez

Nature of Proceeding:    Motion to Compel Responses

Filed By:  Meyers, Dana N.

Plaintiff State Farm Automobile Ins. Co.’s motion to compel discovery responses is
granted.
Defendant filed a statement of “non-opposition” in which Defendant’s counsel states
that he served unverified discovery responses on November 27, 2014, but has been
unable to locate his client to obtain verifications and that he has informed Plaintiff’s
counsel of the same and that he would provide further responses with verifications
once he locates his client.  On this basis, he requests that the motion be denied or
alternatively that the Court order Plaintiff’s counsel to appear in Court to explain why
the instant motion was filed.  The Court will do neither. This case highlights the difficult
position in which attorneys can find themselves when a client goes missing.  Yet,
despite Defendant’s counsel’s efforts and inability to locate his client, Plaintiff is still
entitled to an order compelling Defendant to provide verifications to the discovery.
Indeed, unverified responses are tantamount to no responses at all.  (Appleton v.
Superior Court (1988) 206 Cal.App.3d 632, 636.)  Of course, one purpose of the
discovery act, as observed in Caryl Richards, Inc. v. Superior Court (1961) 188
Cal.App.2d 300, 303, is to “. . . enable a party to obtain evidence in the control of his
adversary in order to further the efficient, economical disposition of cases according to
right and justice on the merits. [Citations.] Its purpose is ‘not to provide a weapon for
punishment, forfeiture and the avoidance of a trial on the merits.’ [Citations.]”

As a result, no later than July 19, 2014, Defendant shall serve verified responses,
without objections, to Plaintiff’s form and special interrogatories (sets one) and request
for production of documents (set one).

Plaintiff’s request for sanctions against Defendant (and not Defendant’s counsel) is
denied as the Court finds that the imposition of sanctions under the instant
circumstances would be unjust.

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