Case Number: BC610034??? Hearing Date: February 07, 2017??? Dept: 98
STEPHANIE STACIE SALVATIERRA, et al.,
Plaintiffs,
vs.
LUIS BLANCAS, et al.,
Defendants.
CASE NO: BC610034
[TENTATIVE] ORDER RE: DEFENDANT ANDRES CARLOS LOPEZ? MOTIONS TO COMPEL DISCOVERY RESPONSES FROM DEFENDANT LUIS BLANCASDept. 98
1:30 p.m.
February 7, 2017
On February 10, 2016, Plaintiffs Stephanie Stacie Salvatierra; Sharon Sheryl Salvatierra; and Jerson Ivan Condori filed this action against Defendants Luis Blancas (?Blancas?) and Andres Carlos Lopez (?Lopez?) for alleged damages arising out of a March 16, 2014 vehicle collision. On October 17, 2016, Lopez served Blancas with Form Interrogatories, Set One and Requests for Production, Set One. Blancas served unverified responses on November 21, 2016. Lopez now moves to compel Blancas? verified responses to these discovery requests and for monetary sanctions.
If a party fails to serve a timely response to a demand for production or interrogatories, the party making the demand may move for an order compelling a response. Cal. Code of Civ. Proc. ?? 2030.290(b), 2031.300(b). The party to whom the demand or interrogatories are directed waives any objection, including those based on privilege or work product. Id., ?? 2030.290(a), 2031.300(a).
Blancas has only served unverified responses, which are tantamount to no responses at all, with the exception of the preservation of objections. Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636. Accordingly, Lopez? Motions to compel are GRANTED. Blancas is ordered to serve verifications for these discovery responses to Lopez? Form Interrogatories, Set One and Requests for Production, Set One within twenty (20) days of the date of this Order.
Lopez seeks monetary sanctions in connection this his Motions. The Court must impose monetary sanctions, unless it finds Plaintiffs acted with substantial justification or that circumstances make the imposition of the sanction unjust. Cal. Code of Civ. Proc. ? 2030.290(c), 2031.300(c). Counsel for Blancas has been informed that Blancas has been deported to Peru and efforts to contact him have been unsuccessful thus far. Under these circumstances, the Court finds the imposition of sanctions would be unjust.
Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT98@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion will be placed off calendar.
Dated this 7th day of February, 2017
Hon. Holly J. Fujie
Judge of the Superior Court