Judge: Armen Tamzarian, Case: 23STCV03596, Date: 2023-12-05 Tentative Ruling

Case Number: 23STCV03596    Hearing Date: December 5, 2023    Dept: 52

Plaintiff German Palominos Cervantes’s Motion to Compel Further Responses to Requests for Production

            Plaintiff German Palominos Cervantes moves to compel further responses to requests for production Nos. 13-16, 34, and 35.

            Plaintiff did not adequately meet and confer before filing this motion.  A motion to compel further responses to requests for production “shall be accompanied by a meet and confer declaration under Section 2016.040.”  (CCP § 2031.310(b)(2).)  “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.”  (CCP § 2016.040.)  This requirement aims “to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order.”  (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1293.)      

The declaration in support of this motion shows plaintiff sent a single meet and confer letter to defendant General Motors LLC on August 17, 2023.  (Yashar Decl., ¶ 7, Ex. 3.)  The letter addresses the requests for production in general but only specifically addresses Nos. 2, 3, 8, and 13-16.  (Id., pp. 11-15.)  Plaintiff failed to give adequate notice that he sought further responses to Nos. 34 and 35 and failed to make a sufficient attempt to informally resolve any dispute over them.  Omitting No. 34 was particularly improper because defendant agreed to comply in part and produce some documents.  (Id., Ex. 2, p. 26.)    

For request Nos. 13-16, defendant replied to plaintiff’s letter on August 30 and offered to supplement its production.  (Yashar Decl., ¶ 8, Ex. 4, p. 7.)  Defendant asked plaintiff to agree to a stipulated protective order and to “provide … a proposed list of the specific issues/repairs comprising Plaintiff’s complaint(s) so that [defendant] can determine agreeable search parameters and search terms.”  (Ibid.)  Defendant tried to informally resolve the dispute over Nos. 13-16.  Nothing in the record shows plaintiff responded to defendant’s letter.  Plaintiff therefore filed this motion without first engaging with defendant in a reasonable and good faith effort at resolving the dispute as required.

Plaintiff German Palominos Cervantes’s motion to compel further responses to requests for production is denied.