Oct 07, 2022
A A A

TENTATIVE RULINGS – FAMILY LAW DEPT. 20

 

Wednesday September 28, 2022, at 8:30 a.m.                                              

COURTROOM #20 

Commissioner Paul J. Lozada
(3055 Cleveland Avenue, Santa Rosa, CA)

The following Tentative Rulings will become the ruling of the Court unless a party desires to be heard. If you desire to appear and present oral argument as to any motion, it will be necessary for you to contact the Judicial Assistant by telephone at (707) 521-6732 by 4:00 p.m. on the day before the hearing. Any party requesting an appearance must notify all other opposing parties of their intent to appear.
PLEASE NOTE: If argument is requested in this matter you may appear in person or remotely via Zoom. To appear via Zoom please see the Zoom information below. 

To appear online via Zoom please use the following link:

https://us02web.zoom.us/j/82972233880               Passcode: 026215

To appear by phone:

Call:       +1 669 900 6833

Meeting ID: 829 7223 3880                     Passcode: 026215

LAW & MOTION TENTATIVE RULINGS

DEPARTMENT 20

COMMISSIONER PAUL J. LOZADA

SEPTEMBER 28, 2022, at 8:30 a.m.

 
SFL-078749 FISHER/FISHER III DISSOLUTION
 
TENTATIVE RULING:
 
Petitioner’s unopposed motion to compel responses to Request for Production of Documents and Form Interrogatories is GRANTED and the request for monetary sanctions is GRANTED.
 
Respondent’s responses to Petitioner’s discovery requests were due on April 30, 2022. Responded provided Petitioner with unverified responses and, to this date, has not provided verified responses. Unverified responses are tantamount to no responses at all. (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.) At the August 8, 2022 hearing on this matter, the parties agreed to a continuance of the hearing in order to allow Respondent to provide compliant responses within 10 days of the hearing. The parties have not informed the Court whether this occurred. Therefore, ruling on the motion is appropriate.
 
Respondent is ordered to provide verified responses, without objections, to Petitioner’s discovery requests within 5 days of issuance of this order. Because Respondent failed to timely respond to Petitioner’s discovery requests, objections to such discovery are waived. (CCP § 2030.290; CCP § 2031.300.)
 
            Petitioner has requested that a monetary sanction be imposed upon Respondent pursuant to CCP sections 2030.290(c) and 2031.300(c); however, Petitioner has not requested a specific amount of sanctions be imposed, nor provided the Court with supporting documentation to inform the Court about how much time was spent on this motion. The Court finds that a monetary sanction in the amount of $500 is appropriate. Respondent shall pay this amount to Petitioner within 30 days of issuance of this order.
 
Petitioner shall submit a written order to the court consistent with this tentative ruling and in compliance with Rule of Court 3.1312(a) and (b).
 
 
            It is so ORDERED.    
  
© 2022 Superior Court of Sonoma County