Case Number: BC518646 Hearing Date: January 26, 2015 Dept: 97
Superior Court of California
County of Los Angeles
Department 97

MARLON JONES,
Plaintiff,
v.

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, et al.,
Defendants.
Case No.: BC 518646

Hearing Date: January 26, 2015

[TENTATIVE] ORDER RE:
DEFENDANT’S MOTION FOR TERMINATING SANCTIONS FOR DISOBEDIENCE OF COURT ORDER AND TO DISMISS

Defendant’s motion seeks terminating sanctions against Plaintiff Marlon Jones (“Jones”) for failing to comply with this Court’s August 19, 2014 discovery order (the “August Order”) ordering Jones to provide verified responses to previously unanswered form interrogatories and to supplement his response to form interrogatory no. 1.1 if someone helps him prepare his response. Defendant served Jones with a copy of the August Order. Declaration of Nanette G. Reed (“Reed”), ¶9, Ex. A. However, as of October 8, 2014, when this motion was filed, Plaintiff had not provided any further responses to the form interrogatories that were the subject of the August Order. Reed Decl., ¶10.
Jones filed a handwritten opposition to the instant Motion (the “Opposition”). It is not clear whether Defendant received the Opposition. If not, the Court will make a copy available to counsel for Defendant at the hearing.
It appears from the Opposition that Jones believes he has responded to all the discovery he received. He seems to be suggesting that he may not have received some discovery from his former counsel. It also appears that he may not have received copies of documents from his former counsel’s file and that he tried to request copies of any documents counsel for Defendant may have had in their files. Jones produced a log of incoming and outgoing documents at the prison to demonstrate what he has received and sent.
It is unclear whether Jones will be permitted to appear at this hearing via Court Call because he is incarcerated. If he does appear, the Court will be interested in learning whether he does in fact contend that he did not receive the form interrogatories from his prior counsel or whether he contends he did receive them and at some point provided further responses. It appears that Jones’ former counsel may have made the objections to form interrogatories on Jones’ behalf to preserve his options. It is not clear that Jones understands that he has been ordered to provide further responses to the form interrogatories as opposed to special interrogatories, since his Opposition refers to special interrogatories. The Court understands that special interrogatories were propounded by Defendant, but they were not the subject of the August Order.
The Court is inclined to order Defendant to serve Jones with (a) the form interrogatories that need to be supplemented, hi-lighting the specific interrogatories in yellow, (b) a verification form hi-lighting the spaces for Jones to complete, and (c) this order indicating that if he fails to serve his responses to these hi-lighted interrogatories and his signed verification within 60 days of service(i.e., to allow time for the documents to make their way through the correctional facility where Jones is incarcerated), the Court will find that he has not obeyed the Court’s orders and, upon motion of Defendant, the Court will dismiss his case. The Court also is inclined to order that service on Jones be made in some manner that will create a record that he has received the mailing. The Court does not know if correctional facilities permit certified, return receipt requested letters to be signed by either the person incarcerated or a correctional facility representative or if they will accept overnight delivers that require signatures, etc. If any such method is available, the Court orders Defendant to use that method along with a copy sent via regular mail. If Defendant cannot determine if the correctional facility where Jones is located will allow such service, then Defendant is ordered to send the mailing via certified, return receipt requested and regular mail.
Defendant is ordered to provide notice of this order.