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Dana Alvarez et al vs Cedric Jackson

Case Number

22CV03637

Case Type

Civil Law & Motion

Hearing Date / Time

Mon, 03/04/2024 - 10:00

Nature of Proceedings

Motion: Compel Responses to Demand for Production of Documents Set One; Motion: Compel Responses to Special Interrogatories Set One

Tentative Ruling

Plaintiffs served Special Interrogatories (Set 1) and Demands for Production of Documents (Set 1) on defendant on June 9, 2023. While defendant provided responses to the discovery, the responses were unverified. Plaintiffs filed the current motions to compel responses, or in the alternative, to compel further responses, on November 20, 2023, setting the hearing for January 29, 2024. The motions seek to compel verified responses or, if verifications are provided by defendant, to compel further responses to the discovery. Plaintiffs continued the hearings on these motions to March 4, 2024. Defendant has not opposed the motion.

No party has had the courtesy to inform the Court whether verifications to the discovery responses were ever provided by defendant. Unverified substantive responses are considered to be no response at all. (See Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.) Consequently, the Court will treat the motions exclusively as motions to compel any responses pursuant to Code of Civil Procedure sections 2030.290(b) and 2031.300(b).

The Court will grant the motions to compel responses, and will order defendant to provide verifications to the Special Interrogatories (Set 1) and Demands for Production of Documents (Set 1) no later than March 14, 2024. Any further motion to compel further responses pursuant to Code of Civil Procedure sections 2030.300 and 2031.310, may be separately filed following receipt of the verifications to the responses. If the verifications have already been provided by defendant, plaintiffs may—at the hearing—request the court to continue the hearings on the current motions (to the extent they seek to compel further responses) to a future date which would provide a full notice period for the motions to compel further responses from the date upon which defendant would be served with a notice of continuance.

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