Food 4 Less Supermarkets, Inc. v. Superior Court

Introduction

If, in response to a demand for inspection and production of documents, a party files a timely but unverified response raising objections, including privilege, but also tenders other fact-specific responses, does the lack of verification result in a waiver of all objections? The trial court found that it did. We conclude to the contrary and grant a peremptory writ of mandate to compel the trial court to reverse its ruling.

Factual and Procedural Background

Tabatha Fletcher (plaintiff) filed an action for sexual harassment, intentional infliction of emotional distress, and battery. The gist of her claim is that while working at an Alpha Beta Market, she complained to her manager Craig Schott that coworker Angel Zavala was sexually harassing her; that Schott took no action in response to her complaints; and that Zavala subsequently raped her at the store. Plaintiff sued Alpha Beta Corporation and its parent corporation Food 4 Less Supermarkets, Inc. (collectively defendants). She also sued Schott and Zavala but they are not parties to this mandamus proceeding.

On December 20, 1994, plaintiff, relying upon section 2031 of the Code of Civil Procedure, served…