Case Name: Henri Schuyers v. HBI Construction, Inc., et al.
Case No.: 2014-1-CV-265375

Plaintiff’s Motion to Compel Further Responses is GRANTED, in part. Defendant is ordered to provide verified, supplemental responses within 10 days that fully comply with the Code of Civil Procedure. Such responses shall specifically include, but are not limited to, verified confirmation, as to each category of documents requested and produced:

That a diligent search and reasonable inquiry has been made in an effort to comply with the demand, and

“that all documents in the demanded category that are in the possession, custody, or control of that party” have been identified and produced (CCP §2031.220); or

As to any category or categories to which Defendant asserts an inability to comply in whole or in party with the demand, Defendant must provide a verified statement that confirms “whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or control of the responding party. The statement shall set forth the name and address of any natural person or organization known or believed by that party to have possession, custody, or control of that item or category of item.” (CCP §2031.230)

As to any verified statement regarding Defendant’s inability to comply in whole or in part, it is not sufficient merely to repeat the language in its entirety of §2031.230 quoted above. Defendant must declare the specific reason Defendant is unable to comply, and provide all the information required by the Code.

Monetary sanctions of $1,890 are ordered paid by Defendant to offices of Plaintiff’s counsel, within 10 days.