Judge: Anne Richardson, Case: 20STCV45855, Date: 2023-03-09 Tentative Ruling
Case Number: 20STCV45855 Hearing Date: March 9, 2023 Dept: 40
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MARTIN BUENO, an individual Plaintiff, v. FARMERS INSURANCE EXCHANGE, a reciprocal interinsurance
exchange, FIRE INSURANCE EXCHANGE, a reciprocal interinsurance exchange,
TRUCK INSURANCE EXCHANGE, a reciprocal interinsurance exchange, MID-CENTURY INSURANCE
COMPANY, a California corporation, FARMERS NEW WORLD LIFE INSURANCE COMPANY,
a Washington corporation, and DOES 1 through 100, inclusive, Defendants. ______________________________________ FARMERS INSURANCE EXCHANGE; TRUCK INSURANCE EXCHANGE; FIRE INSURANCE
EXCHANGE; MIDCENTURY INSURANCE COMPANY; and FARMERS NEW WORLD LIFE INSURANCE
COMPANY, Cross-Complainants, v. MARTIN BUENO, an individual; and ROES 1 through 50, inclusive, Cross-Defendants. |
Case No.: 20STCV45855 Hearing Date: 3/9/22 Trial Date: 6/6/23 [TENTATIVE] RULING RE: Defendants Farmers
Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange,
Mid-Century Insurance Company, and Farmers New World Life Insurance Company’s
Motion to Compel Plaintiff’s Compliance with this Court’s May 27, 2022
Discovery Order and Request for Sanctions. |
Plaintiff Martin Bueno sues Defendants Farmers Insurance
Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century
Insurance Company, Farmers New World Life Insurance Company, and Does 1 through
100 pursuant to a First Amended Complaint alleging claims of (1) Violations of
Franchise Relations Act Law (Bus. & Prof. Code, § 20020), (2) Violations of
Franchise Relations Act Law (Bus. & Prof. Code, § 20028), (3) Breach of
Covenant of Good Faith and Fair Dealing, (4) Breach of Contract, (5) Failure to
Pay Wages, (6) Failure to Indemnify, (7) Wrongful Termination, and (8) Unfair
Business Practices. The claims are premised on allegations that Plaintiff was
as an Agent for the five defendants pursuant to an Agent Appointment Agreement,
which was wrongfully terminated in 2018 when, pursuant to a Farmers audit, the
Defendants founds that Plaintiff was responsible for wrongdoing committed by
workers at Plaintiff’s Farmers offices, thereafter prohibiting Plaintiff from
transferring his business to his son—a Farmers recruiter—without valid basis.
The Defendants responded by filing a Cross-Complaint against
Plaintiff Bueno, alleging claims of (1) Breach of Contract, (2) Breach of
Fiduciary Duty, (3) Misappropriation of Trade Secrets, (4) Conversion, (5)
Violation of Penal Code § 502, and (6) Violation of Business; Professions Code §
17200.
On March 25, 2022, the Defendants made four motions to
compel further responses to discovery requests served on Plaintiff Bueno,
including specific requests in the Defendants’ Special Interrogatories, Set
Two, Requests for Production, Set Two, Form Interrogatories – General, Set Two,
and Requests for Admission, Set Two.
On May 27, 2022, the Court granted the four motions and
awarded the Defendants sanctions in the amount of $10,600—$2,650 per approved
motion—with payment of sanctions due within 30 days of the Order.
Because Plaintiff failed to comply as of September 1, 2022, on
that same day, the Defendants made the instant Motion to Compel Plaintiff’s Compliance with this Court’s May 27, 2022
Discovery Order and Request for Sanctions.
Plaintiff has failed
to oppose this motion. Neither does the record reflect any filings indicating
that plaintiff has complied with the May 27th Order.
There is a proof of
service attached to Defendant’s motion indicating email service on Plaintiff on
September 1, 2022. Moreover, the Court
sent a notice re: continuance of hearing and order on January 10, 2023 to
Plaintiff indicating that the hearing on the motion to compel previously set
for January 18, 2023 had been continued to today’s date and ordering Plaintiff
to give notice.
Legal Standard
If a party fails to obey an order compelling further answers
to interrogatories or responses to production requests, the court may make
those orders that are just, including the imposition of an issue sanction,
evidence sanction, or terminating sanction, and/or monetary sanctions, under
Chapter 7 of the Discovery Act, i.e., sections 2023.010 to 2023.050 of the Code
of Civil Procedure. (Code Civ. Proc., §§ 2030.290, subd. (c) [interrogatories],
2031.300, subd. (c) [production].) Similarly, if a party fails to obey an order
compelling a response to requests for admission, the court may order that the
matters involved in the requests be deemed admitted, and, in lieu of, or in
addition to, this order, may impose a monetary sanction under Chapter 7 of the
Discovery Act. (Code Civ. Proc., § 2033.290, subd. (e).)
Analysis
As of September 1, 2022—when the Defendants filed this
motion—Plaintiff Bueno had failed to comply with this Court’s May 27th Order ordering
Plaintiff to pay sanctions to the Defendants and provide further responses to
specific requests in the Defendants’ Special Interrogatories, Set Two, Requests
for Production, Set Two, Form Interrogatories – General, Set Two, and Requests
for Admission, Set Two. (Mot., 5:12-15, Holmes Decl., ¶ 7.)
No filings in the record reflect compliance with this Order.
Due to Plaintiff’s nonresponse, the Defendants have moved
for a further court order compelling compliance with Court’s May 27th Order.
(Mot., 6:18-7:1.)
The Defendants also request sanctions in the amount of
$1,325 in connection with Defendants’ counsel work in researching, assembling,
drafting, and finalizing the instant motion. (Mot., 7:2-18, Holmes Decl., ¶ 8.)
The requests are unopposed by Plaintiff Bueno.
Under these circumstances, the Court GRANTS the Motion to
Compel Compliance and ORDERS Plaintiff Martin Bueno to comply with this Court’s
May 27, 2022 Order.
The Court further GRANTS monetary sanctions in the amount of
$1,325. (Code Civ. Proc., § 2023.010, subds. (d), (g).)
Defendants Farmers Insurance Exchange, Truck Insurance
Exchange, Fire Insurance Exchange, Mid-Century Insurance Company, and Farmers
New World Life Insurance Company’s Motion to Compel Plaintiff’s Compliance with
this Court’s May 27, 2022 Discovery Order and Request for Sanctions is GRANTED.
Plaintiff Martin Bueno is ORDERED to comply with this
Court’s May 27, 2022 Order WITHIN THIRTY DAYS.
Plaintiff Martin Bueno is also ORDERED to remit payment of
$1,325 to the Defendants WITHIN THIRTY DAYS.