Pierce, Ronald vs. Singlepoint Outsourcing
Case Information
Motion(s)
Continued Motion for Preliminary Approval
Motion Type Tags
Motion for Preliminary Approval of Class Settlement
Parties
- Plaintiff: Ronald Pierce
- Defendant: Singlepoint Outsourcing
Attorneys
- Gary M. Klinger — for Plaintiff
- David K. Lietz — for Plaintiff
- John J. Nelson — for Plaintiff
- Dean Meyer — for Plaintiff
- Mariya Weekes — for Plaintiff
- CJ Cuneo — for Plaintiff
- Michelle Benvenuto — for Plaintiff
- Sandra Passanisi — for Plaintiff
- Kendal McLaughlin — for Plaintiff
- Amanda Mkmanga — for Plaintiff
- Ashley Tyrrell — for Plaintiff
- Heather Sheflin — for Plaintiff
Ruling
due no later than thirty (30) days from the service of the notice of this ruling. Please see advisement regarding oral argument below.
Facts Common to (1) through (6)
In this habitability and negligence matter, Plaintiffs Clubb and Nunez sue Defendants Orchard Square 79, LLC, Daniel Bailey and Marlene Bailey. The Court notes Daniel and Marlene represent themselves at this point in the case. A motion to withdraw as counsel as to Orchard Square 79, LLC is set for May 28, 2026, 8:30 am, D1.
Relevant here, Plaintiffs served Defendants with requests for production of documents on August 22, 2025. As of the date of the filing of these motions, no responses have been received. Plaintiffs seek to compel initial responses and sanctions in the amount of $1,000 per motion.
In opposition, Defendant Orchard Square 79, LLC states that responsive documents were sent December 1, 2025, but notes that no client verification with respect to a response to requests for production has been provided. As such, the Court does not find the motion to compel responses moot. The responses remain unverified. Production of the documents themselves does not satisfy the discovery requirements.
Authority and Analysis (1) through (6) - Requests for Production
The general rule is that unsworn responses are tantamount to no responses. (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636.) Based on Defendants' failures to respond to the first sets of requests for production of documents, the Court orders under, Code of Civil Procedure section 2031.300(a) that Defendants provide full and complete verified responses without objection to Plaintiffs' first sets of requests for production of documents, within thirty (30) days after service of the notice of this ruling for this motion. Plaintiffs shall give notice.
Sanctions
Under Code of Civil Procedure section 2031.300(c) (Requests for Production), the Court will impose total sanctions as follows:
$470 against Defendant Orchard Square 79, LLC and counsel of record, jointly and severally, consisting of one hour at the local rate of $350 plus $120 in filing fees, due no later than thirty (30) days from the service of the notice of this ruling
$470 against Defendant Daniel Bailey consisting of one hour at the local rate of $350 plus $120 in filing fees, due no later than thirty (30) days from the service of the notice of this ruling