Marcus E vs David Ellinwood and County of Santa Barbara
Marcus E vs David Ellinwood and County of Santa Barbara
Case Number
22CV05139
Case Type
Hearing Date / Time
Wed, 03/06/2024 - 10:00
Nature of Proceedings
1. Law and Motion set for 10am. Motion to compel any discovery responses, and a motion for deemed admissions; and, 2. CMC set for 8:30am. To be called at 10am; the Court confirms - MSC 6/7/2024 – Trial 6/26/2024
Tentative Ruling
Plaintiff is self-represented.
Defendant David Ellinwood by Miguel Avilla.
Defendant County of Santa Barbara by Sean Andrade.
Matters
1. L&M set for 10am. Motion to compel any discovery responses, and a motion for deemed admissions.
2. CMC set for 8:30am. To be called at 10am; the Court confirms - MSC 6/7/2024 – Trial 6/26/2024.
Ruling on L&M Matters
On November 21, 2023, Defendant County of Santa Barbara served Plaintiff with Form Interrogatories (Set 1) and Requests for Admissions (Set 1) by mail at his residence address, and by direct service at the Santa Barbara County Jail, where Plaintiff is currently incarcerated, through personal service on the deputy authorized to accept on behalf of inmates. No responses were provided by Plaintiff.
On January 26, 2024, Defendant County filed the current motions (1) to compel responses to the form interrogatories, without objections, and (2) to have the matters set forth in the requests for admissions deemed admitted. Neither motion seeks an award of sanctions. The motions were served by mail upon Plaintiff at the Santa Barbara County Jail. Plaintiff has not opposed the motions.
The motion to compel responses to the Form Interrogatories is granted. The Court will order Plaintiff to provide verified responses to the Form Interrogatories, without objections, to counsel for Defendant County of Santa Barbara. Given Plaintiff’s current incarceration, and the logistical difficulties he might have preparing and serving responses, the Court will permit him and extended period of time to provide such verified responses, and will order them to be provided to defense counsel no later than April 10, 2024.
With respect to the requests for admissions, if verified responses to the Requests for Admissions are provided to counsel for Defendant County of Santa Barbara prior to the time of the hearing on this motion, the motion will be denied. If Plaintiff fails to provide verified responses to the Requests for Admissions prior to the time of the hearing on this motion, the motion for deemed admissions will be granted.