Case Number: 19PSCV00448 Hearing Date: February 18, 2020 Dept: O

ANALYSIS

1-4. Plaintiff Kristen Askew’s motions to compel responses to form interrogatories (general and employment law), special interrogatories, and production of documents are GRANTED. Defendant is ordered to provide responses within 20 days.

Plaintiff Kristen Askew (“Plaintiff”), moves the court for orders requiring Defendant On Time Oil, LLC (“Defendant”) to provide verified responses to its form interrogatories – general, form interrogatories – employment law, special interrogatories, and request for production of documents.

CCP § 2030.290(b) allows the propounding party to file a motion to compel responses to interrogatories if a response has not been received. If responses are untimely, responding party waives objections. (CCP § 2030.290(a).)

CCP § 2031.300(b) allows the propounding party to file a motion to compel responses to produce documents if a response has not been received. If responses are untimely, responding party waives objections. (CCP § 2031.300(a).) Where verification is required by the discovery statute, an unverified response is ineffective and is equivalent to no response at all. (Appleton v. Superior Court (1988) 206 Cal. App. 3d 632, 636.)

On or about September 13, 2019, Plaintiff served its Form Interrogatories-General, Form Interrogatories-Employment Law, Special Interrogatories, and Request for Production of Documents. (Bradford Decl., ¶ 2.) Defendant’s responses were due on October 15, 2019. (Id. at ¶ 3.)

When Plaintiff did not receive the responses by the deadline, Plaintiff sent Defendant a letter on October 29, 2019 demanding compliance with the request. (Id.) At the time Plaintiff filed and served these motions, it still has not received any responses to its discovery requests from Defendant. (Id. at ¶ 4.) The court is also not in receipt of any opposition from Defendant.

Thus, motions to compel Form Interrogatories (General and Employment Law), Special Interrogatories, and Request for Production of Documents are GRANTED. Defendant is ordered to provide responses within 20 days.

5. Plaintiff Kristen Askew’s motions for order deeming admitted truth of facts and genuineness of documents is GRANTED.

Plaintiff Kristen Askew (“Plaintiff”) moves for an order deeming its requests for admission (set no. 1), propounded on Defendant On Time Oil, LLC (“Defendant”), admitted pursuant to CCP § 2033.280.

CCP §§ 2033.280(b) and (c) allow the propounding party to file a motion requesting that the truth of any matters specified in the request for admissions be deemed admitted unless the party to whom the requests have been directed has served before the hearing a proposed response that is in substantial compliance.

On September 13, 2019, Plaintiff served its Request for Admissions, Set One. (Bradford Decl., ¶ 2.) When Plaintiff did not receive the responses by the deadline, Plaintiff sent Defendant a letter on October 29, 2019 demanding compliance with the request. (Id. at ¶ 3.) At the time Plaintiff filed and served these motions, it still has not received any responses to its discovery requests from Defendant. (Id. at ¶ 4.) The court also notes that it did not receive an opposition from Defendant, and presumably, Plaintiff still has not received responses from Defendant either.

This motion, then, is GRANTED.

6. Sanctions awarded to Plaintiff in the total requested amount of $650.00 for all the discovery motions against Defendant and its counsel.

CCP §§ 2023.010(d), 2030.290(c) and 2031.300(c) authorize the court to impose sanctions for failure to respond to discovery without substantial justification.

CCP §§ 2033.280(c) also authorizes the court to impose a sanction against any party/attorney who fails to serve a timely response to requests for admission necessitating this motion.

Thus, sanctions are awarded in the requested total reasonable sum of $650.00.