2017-00218524-CU-OR

Stephen Clave vs. Ditech Financial, LLC

Nature of Proceeding: Motion for Terminating Sanctions

Filed By: Vukovic, Adam A.

Defendant’s motion for terminating sanctions against plaintiffs in pro per for their failure to comply with this court’s earlier order compelling plaintiffs’ responses to written discovery is UNOPPOSED but is DENIED without prejudice, as follows.

Defendant’s notice of motion again fails to provide the correct address for Dept. 53/54.

As defendant’s written discovery to plaintiffs and prior motion to compel responses to same were served before plaintiffs’ attorney withdrew and left them representing themselves, the court declines at this time to impose terminating sanctions especially since defendant’s requests for admissions were previously deemed admitted and since plaintiffs represent they have never received the underlying discovery requests.

Instead, the court will here order each plaintiff to provide verified responses, without objections, to defendant’s form and special interrogatories and to requests for production of documents no later than 1/18/2019 (unless defendant agrees to a later date memorialized in writing).

Additionally, defendant shall promptly forward to plaintiffs copies of the previously propounded interrogatories and requests for production of documents since it appears their prior counsel may not have forwarded this discovery to them.

This ruling is without prejudice to defendants seeking terminating sanctions if plaintiffs fail to timely respond to the underlying interrogatories and requests for production of documents as directed in this ruling.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)