Lawzilla Additional Information:
Per the Los Angeles case information records plaintiff is represented by attorney Kenneth Yeager who is being sanctioned by the judge.
Case Number: BC681296 Hearing Date: May 16, 2018 Dept: 2
Defendant’s (3) Three Motions to Compel Plaintiff to Serve Verified Answers to Form Interrogatories, Special Interrogatories, and Request for Production of Documents; Request for Sanctions filed on 2/9/18, are GRANTED.
The responses served on 12/7/17 and 12/15/18 by Plaintiff were unverified. Motions, Ex. B. The Declaration of Plaintiff’s counsel, Kenneth C. Yeager, states the verifications were sent on 2/22/18, after the motion was filed. The unsworn responses are “tantamount to no responses at all.” Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 635-36.
Untimely responses result in a waiver of objections. Cal Code Civil Procedure § 2030.290(a). Plaintiff’s unverified response to Special Interrogatories included objections. Motion, Ex. B.
Plaintiff is ordered to provide verified responses to all discovery without objections within 15 days. Cal Code Civ Procedure § 2031.300, 2030.290.
There is no opposition showing substantial justification for the failure to timely respond. The court imposes total sanctions of $720 for all three motions against Plaintiff, Doris Davis, and counsel, Kenneth C. Yeager for the failure to timely respond to authorized methods of discovery, which constitutes discovery abuse. Cal Code Civ Procedure § 2023.010(a)(4).
Moving party is ordered to give notice.