Case Number: KC068211 Hearing Date: February 20, 2018 Dept: O

Chou v. Smith (KC068211)

Defendant Smith’s MOTION TO COMPEL PLAINTIFFS [DENNY LO] TO PROVIDE VERIFIED ANSWERS TO FORM INTERROGATORIES AND REQUEST FOR INSPECTION AND PRODUCTION OF DOCUMENTS

Respondent: NO OPPOSITION

TENTATIVE RULING

Defendant Smith’s motion to compel plaintiffs [Denny Lo] to provide verified answers to form interrogatories and request for inspection and production of documents is GRANTED. (CCP 2030.290, 2031.300.)

Plaintiff Lo is ordered to respond to discovery without objections within 10 days. Sanctions are imposed against Plaintiff Lo in the sum of $1,835.00, payable within 30 days.

Defendant Smith moves to compel responses to form interrogatories, special interrogatories, and request for inspection and production of documents, and for sanctions.

CCP 2030.290(b) and 2031.300(b) allow the propounding party to file a motion to compel responses to interrogatories and document demands if a response has not been received. If responses are untimely, responding party waives objections. (CCP 2030.290(a) and 2031.300(a).)

Plaintiff Lo’ responses were unverified. 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.) Plaintiffs Chou and Lo are ordered to respond to discovery without objections.

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

Here, sanctions are appropriate because Plaintiffs served unverified responses, which are tantamount to no response at all. The court finds Defendant’s total request of $1,835.00 is reasonable. Accordingly, sanctions are imposed against Plaintiff Lo in the sum of $1,835.00, payable within 30 days.