Judge: Armen Tamzarian, Case: 20STCV34720, Date: 2022-07-29 Tentative Ruling
Case Number: 20STCV34720 Hearing Date: July 29, 2022 Dept: 52
Tentative Ruling:
Special Interrogatories
Plaintiff Alfonso Bartolo moves to
compel further supplemental responses to special interrogatories Nos. 15-19 and
21-24. A party propounding
interrogatories may move to compel further responses when an answer “is evasive
or incomplete,” “[a]n exercise of the option to produce documents under Section
2030.230 is unwarranted or the required specification of those documents is
inadequate,” or “[a]n objection to an interrogatory is without merit or too
general.” (CCP § 2030.300(a).)
Defendant Jonny Appleseed
Landscaping, Inc.’s responses are evasive or incomplete. Special interrogatories Nos. 15, 16, 23, and
24 ask for information about other potential aggrieved employees in this PAGA
action. Defendant Jonny Appleseed
Landscaping, Inc responded, “The Belaire-West Process is ongoing, and
further responses will be provided pending notice from the claims
administrator.” That response does not
answer the questions. It is a promise to
answer the questions later. Defendant
did not do so. (Nguyen Decl., ¶¶ 6-12.)
No. 17 asks defendant to state the
total number of aggrieved employees who formerly worked for defendant. No. 18 asks defendant to state the total
number of aggrieved employees who currently work for defendant. No. 19 asks defendant to state the number of
employees per pay period from June 15, 2019, to the present. For all three questions, defendant answered,
“The total number of potential AGGRIEVED EMPLOYEES is 33.”
Nos. 17 and 18 ask different
questions and should, in all likelihood, have different answers. Properly responding to No. 19 requires
separate answers for each pay period.
Finally, Nos. 21 and 22 ask for the
dates of employment for each employee identified in response to Nos. 15 and 16. Again, defendant responded, “The total number
of potential AGGRIEVED EMPLOYEES is 33.”
That response does not answer the questions.
Defendant’s objections are
overruled.
Plaintiff’s motion to compel
further supplemental responses to special interrogatories, set one, is granted.
Defendant Jonny Appleseed Landscaping, Inc. is ordered to provide further responses to special
interrogatories Nos. 15-19 and 21-24 within 20 days.
Requests for Production
Plaintiff Alfonso Bartolo moves to
compel further responses to requests for production Nos. 54-75 and 79-81. A requesting party may move to compel further
responses if “[a] statement of compliance with the demand is incomplete,” “[a]
representation of inability to comply is inadequate, incomplete, or evasive,”
or “[a]n objection in the response is without merit or too general.” (CCP § 2031.310(a).)
To each request, defendant
responded, “The Belaire-West Process is ongoing, and further responses
will be provided pending notice from the claims administrator.” Again, that respond does not answer the
request. It is a promise to provide
answers later. Defendant did not do
so. (Nguyen Decl., ¶¶ 6-12.) Defendant must respond with a statement of
compliance (CCP § 2031.220) or inability to comply (§ 2031.230).
Defendant’s objections are
overruled.
Plaintiff’s motion to compel
further supplemental responses to requests for production, set one, is granted.
Defendant Jonny Appleseed Landscaping, Inc. is ordered to provide further responses to requests for
production Nos. 54-75 and 79-81 within 20 days.