MICHAEL TRAINER VS GREGORY EVERARD

Lawzilla Additional Information: It is our understanding this tentative was not adopted as a final order and the case settled without a final ruling.

Case Number: BC718721 Hearing Date: June 04, 2019 Dept: 2

Defendant’s Three (3) Motions to Compel Plaintiff’s Responses to First Set of Form Interrogatories, Special Interrogatories, and Request for Production of Documents; Request for Sanctions, filed on 5/6/19, are GRANTED.

Plaintiff, Michael Trainer, is ordered to provide verified responses to the foregoing discovery without objections within ten (10) days. Cal. Code Civil Procedure § 2031.300, §2030.290. Untimely responses result in a waiver of objections. Cal. Code Civil Procedure §2030.290(a), § 2031.300(a).

Imposition of sanctions against Plaintiff, Michael Trainer, and counsel, Brian Breiter, Esq. is warranted for failure to respond to authorized methods of discovery, which is discovery abuse. Cal. Code Civil Procedure § 2030.290(c); 2031.300(c).

Defendant’s Motion for Order that Matters in Defendant’s First Set of Requests for Admission be Deemed Admitted by Plaintiff; Request for Sanctions, filed on 5/6/19, is GRANTED. The Requests for Admission served on Plaintiff, on 2/13/19 are deemed admitted.

Imposition of sanctions is mandatory where a party’s failure to respond necessitates the motion. Cal. Code Civil Procedure. § 2033.280.

Accordingly, the court imposes total sanctions of $1,115 for all four unopposed motions against Plaintiff, Michael Trainer, and counsel, Brian Breiter, Esq., payable within thirty (30) days.

Moving party is ordered to give notice.

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