Judge: Armen Tamzarian, Case: 23STCV07695, Date: 2024-04-19 Tentative Ruling

Case Number: 23STCV07695    Hearing Date: April 19, 2024    Dept: 52

Plaintiff Westside Lighting, Inc.’s Motions to Compel Further Responses to Form Interrogatories, Special Interrogatories, and Requests for Production, Set One; Plaintiff’s Motion to Compel Responses to Requests for Production, Set Two

Form and Special Interrogatories

            Plaintiff Westside Lighting, Inc. moves to compel further responses by defendant Aaron Green to form interrogatories Nos. 50.3-50.6 and special interrogatories Nos. 5-8, 17-19, 21, 23, 27, and 31.  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).)

            Green gave evasive or incomplete responses to form interrogatories Nos. 50.3-50.6.  No. 50.3 asks, “Was performance of any agreement alleged in the pleadings excused? If so, identify each agreement excused and state why performance was excused.”  Green responded, “The fourth cause of action in the First Amended Complaint alleges all the named defendants breached the Agreement of Partnership.  This request relates to the Demanding Party’s allegations and not the Responding Party and therefore is not applicable to.”  The second amended complaint alleges defendants breached a contract.  This interrogatory asks Green if he contends his performance was excused.  The point is to ask for information about the demanding party’s allegations.  This response is evasive. 

            Nos. 50.4 to 50.6 ask if any agreement alleged in the pleadings was terminated, is unenforceable, or is ambiguous.  Green responded that he “has not had an opportunity to conduct discovery to determine” the answers and that “[d]iscovery is still continuing.”  Those responses are evasive.  The interrogatories ask whether Green “is making a certain contention.”  (CCP § 2030.010(b).)  If he has not yet determined that an agreement was terminated, unenforceable, or ambiguous, that means he is not making those contentions.  The proper answer is “No.”  That does not necessarily foreclose Green from making those contentions later based on newly discovered evidence. 

            Green gave a valid response to No. 21.  It asks, “Please state which of the jobs or matters as identified in the AGREEMENT were assigned to EOS Organization, LLC.”  Green responded, “None of the projects that were awarded were assigned to EOS Organization, LLC.  Rather, customers had the option to pay EOS Organization, LLC or assign their right to receive rebate money to EOS Organization, LLC.  Discovery is still continuing to determine the projects in which EOS Organization, LLC received money from the customer or an outside entity.”  Plaintiff’s moving papers gloss over the first two sentences of the response and instead quote the last sentence to argue Green “effectively fails to provide any response at all.”  (Separate Statement, p. 14.)  The first sentence answers the question: none.  Whether that answer is true is a matter of credibility, not compliance with the Civil Discovery Act.  (See Saxena v. Goffney (2008) 159 Cal.App.4th 316, 333 [“serving a willfully false answer to an interrogatory” is “not specifically covered by the Civil Discovery Act”].)

Green gave evasive or incomplete responses to special interrogatories Nos. 5-8, 17-19, 23, 27, and 31.  For Nos. 5-8, Green objected that the interrogatories erroneously referred to “Lux Technology Group, LLC” instead of “Lux Technology Group, Inc.”  After meeting and conferring, the parties agreed Green would answer as to the proper entity.  (McGuiness Decl., Ex. 9.)  Green did not supplement his responses.  (Id., ¶ 24.)  Green later attempted to make other objections, which the court discusses below.   

            For Nos. 17, 18, 19, 23, Green responded that answering would require making a compilation.  “[T]he required specification of those documents is inadequate.”  (CCP § 2030.300(a)(2).)  Under Code of Civil Procedure section 2030.230, “This specification shall be in sufficient detail to permit the propounding party to locate and to identify, as readily as the responding party can, the documents from which the answer may be ascertained.  The responding party shall then afford to the propounding party a reasonable opportunity to examine, audit, or inspect these documents and to make copies, compilations, abstracts, or summaries of them.”  Green’s responses generically referred to documents without specifying them or affording an opportunity to examine them.

Green made meritless objections in response to No. 27.  It asks Green to identify “any bank or financial institution in which YOU or DEFENDANTS hold a checking or saving account.”  Green objected based on privacy.  Any privacy objection fails because this question does not constitute “a threatened intrusion that is serious.”  (Williams v. Superior Court (2017) 3 Cal.5th 531, 552 (Williams).)    

Green also objected that the question is overly broad and not reasonably calculated to lead to admissible evidence.  “Discovery may be obtained of the identity and location of persons having knowledge of any discoverable matter, as well as of the existence, description, nature, custody, condition, and location of any document, electronically stored information, tangible thing, or land or other property.”  (CCP § 2017.010.)  One of the primary claims in this action is that defendants kept money they got from other sources and were supposed to pay to plaintiff.  Identifying defendants’ financial institutions is reasonably likely to lead to admissible evidence on that subject. 

Green gave an evasive response to No. 31, which asks, “For each person or entity who owes money to the PARTNERSHIP, please state all amounts owed to the PARTNERSHIP.”  Green responded that he “is in the process of finalizing the accounting that will identify (1) the expenses incurred for the projects awarded and (2) the income received for the same projects in the form of rebates.”  Rather than answering the question asked, he stated he is working to identify information that is not quite what the question asked.  That response is evasive. 

Green also raised various objections to several interrogatories for the first time in his meet and confer correspondence.  Green waived those objections by failing to include them in his timely responses.  (CCP § 2030.290(a).)  The objections are also meritless.  Any privacy objections are invalid because the interrogatories do not constitute “a threatened intrusion that is serious.”  (Williams, supra, 3 Cal.4th at p. 552.)  All disputed interrogatories are reasonably calculated to lead to the discovery of admissible evidence. 

            Green’s objections to special interrogatories Nos. 5-8, 17-19, 23, 27, and 31 are overruled.

Requests for Production, Set One

            Plaintiff Westside Lighting, Inc. moves to compel further responses by defendant Aaron Green to requests for production, set one, Nos. 6, 15-19, 21, 22, 24, 27, 30, 33, 34, 37-39, 41, 43 and 44.  A requesting party may move to compel further responses to requests for production 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).)

            Green gave incomplete statements of compliance in response to request Nos. 15-19, 21, 22, 24, 27, 30, 33, 34, 41, and 43.  A statement of compliance must state that “all documents or things in the demanded category that are in the possession, custody, or control of that party and to which no objection is being made will be included in the production.”  (CCP § 2031.220.)  A statement of compliance must include that precise language because it states under oath not only that the responding party will produce specified documents, but also that the responding party is not withholding any responsive documents.  Green responded that he “will produce documents that are in the Responding Party's possession, custody or control that are responsive to this request” or “will produce” some categories of documents.  These responses are insufficient because they do not state Green will produce all documents within the categories requested.    

Any objections to these requests were also “too general.”  (CCP § 2031.310(a)(3).)  Except for No. 41, rather than specifically objecting to each request, Green referred to “the objections above” at the beginning of his response.  Furthermore, he did not identify any documents being withheld as required under Code of Civil Procedure section 2031.240(b)(1). 

Green made meritless objections to request Nos. 6, 37-39, 41, and 44.  Each request is reasonably particularized enough to permit a response.  Green also objected that the requests are irrelevant or not reasonably calculated to lead to the discovery of admissible evidence.  Each request is sufficiently tailored to the complaint’s substantive allegations or to its alter ego allegations about the entity defendants.  Green’s objections based on undue burden fail because he did not present sufficient “ ‘evidence showing the quantum of work required.’ ” (Williams, supra, 3 Cal.5th at p. 549.)  Green’s objections based on privacy fail for the same reasons discussed regarding the special interrogatories.  Assuming Green established the three elements necessary for privacy objections, plaintiff’s need for the information outweighs those privacy rights.  (Id. at p. 552.)  A stipulated protective order limiting disclosure of the information would adequately protect any privacy rights. 

Green’s objections to requests for production, set one, Nos. 6, 15-19, 21, 22, 24, 27, 30, 33, 34, 37-39, 41, 43 and 44, are overruled.

Format of Documents

Plaintiff also argues Green should be required to produce documents such as spreadsheets in native format.  A party demanding inspection, copying, testing, or sampling of electronically stored information may specify the form or forms in which each type of electronically stored information is to be produced.”  (CCP § 2031.030(a)(2).)  Plaintiff’s request for production did not specify any form of electronically stored information.  (McGuinness Decl., Ex. 1, pp. 4-5.)  “If a demand for production does not specify a form or forms for producing a type of electronically stored information, the responding party shall produce the information in the form or forms in which it is ordinarily maintained or in a form that is reasonably usable.”  (CCP § 2031.280(d)(1).)  Producing the documents in a single pdf file of over 1,100 pages is cumbersome but “reasonably usable” enough to comply with this provision.

Requests for Production, Set Two

            Plaintiff Westside Lighting, Inc. moves to compel defendant Aaron Green to respond to requests for production, set two.  After plaintiff filed this motion, Green served responses.  (Green Decl., Ex. 1.)  In these circumstances, the court may “treat the motion as one” to compel further responses.  (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409.) 

            The court finds good cause to compel Green to further respond to requests for production, set two.  A responding party who does not serve timely responses waives any objection to the demands.  (CCP § 2031.300(a).)  Green’s responses do not explicitly object to any of the requests, but in substance, they contain objections.  Nearly all requests demand documents “from 2016 to the present.”  Green responded that he would produce documents “from June 1, 2019, to the present.”  (Green Decl., Ex. 1.)  In effect, that constitutes an objection and refusal to produce documents from 2016 to June 2019.  Green waived that objection.  The responses also are incomplete statements of compliance under Code of Civil Procedure section 2031.220.  The responses state Green will produce some documents instead of stating he will produce “all documents or things in the demanded category that are in [his] possession, custody, or control … and to which no objection is being made.”  (Ibid.)             

Sanctions

            Plaintiff moves for monetary sanctions in each motion.  “[T]he court shall impose a monetary sanction … against any party, person, or attorney who unsuccessfully makes or opposes” any of these motions “unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”  (CCP §§ 2030.300(d), 2031.300(c), 2031.310(h).) 

            Green’s oppositions to the motions to compel further responses to form interrogatories and requests for production, set two, were wholly unsuccessful.  The other two oppositions were unsuccessful with minimal exceptions.  Defendant did not act with substantial justification.  Sanctions are just under the circumstances.

            The court finds plaintiff did not reasonably incur all expenses claimed.  The motion to compel further responses to form interrogatories was simple and only reasonably required $1,250 in expenses.  The motion on special interrogatories only reasonably required $2,750 in expenses.  The motion on requests for production, set one, only reasonably required $3,500 in expenses.  The motion on requests for production, set two, however, did reasonably require all $1,960 plaintiff claims.   

  Disposition

Plaintiff Westside Lighting, Inc.’s motion to compel further responses to form interrogatories is granted.  Defendant Aaron Green is ordered to provide further verified responses without objections to form interrogatories – general, Nos. 50.3 to 50.6, within 30 days.  Defendant Aaron Green is ordered to pay plaintiff $1,250 in sanctions within 30 days. 

Plaintiff Westside Lighting, Inc.’s motion to compel further responses to special interrogatories is denied as to No. 21 and granted as to Nos. 5-8, 17-19, 23, 27, and 31.  Defendant Aaron Green is ordered to provide further verified responses without objections to special interrogatories Nos. Nos. 5-8, 17-19, 23, 27, and 31 within 30 days.  Defendant Aaron Green is ordered to pay plaintiff $2,750 in sanctions within 30 days. 

            Plaintiff Westside Lighting, Inc.’s motion to compel further responses to requests for production, set one, is denied in part as to the format of the documents.  The motion is granted as to the responses to the requests.  Defendant Aaron Green is ordered to provide further verified responses without objections to requests for production, set one, Nos. 6, 15-19, 21, 22, 24, 27, 30, 33, 34, 37-39, 41, 43 and 44, within 30 days.  Defendant Aaron Green shall produce all responsive documents concurrently with his verified written responses.  Defendant Aaron Green is ordered to pay plaintiff $3,500 in sanctions within 30 days.

Plaintiff Westside Lighting, Inc.’s motion to compel responses to requests for production, set two, is granted.  Defendant Aaron Green is ordered to provide further verified responses without objections to requests for production, set two, Nos. 47-58, within 30 days.  Defendant Aaron Green shall produce all responsive documents concurrently with his verified written responses.  Defendant Aaron Green is ordered to pay plaintiff $1,960 in sanctions within 30 days.

 Plaintiff Westside Lighting, Inc.’s Motion to Strike Answers of Lux Technology Group, Inc., Direct Green Solutions, LLC, and EOS Organization, LLC

            Plaintiff Westside Lighting, Inc. moves to strike the answers of defendants Lux Technology Group, Inc., Direct Green Solutions, LLC, and EOS Organization, LLC.

            Plaintiff moves to strike the three entities’ answers because they are not represented by counsel.  Entities must be represented by attorneys, and courts may strike pleadings by unrepresented entities.  (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1149.)  Courts should “treat a corporation’s failure to be represented by an attorney as a defect that may be corrected, on such terms as are just in the sound discretion of the court.  First and foremost, this approach honors the cornerstone jurisprudential policies that, in furtherance of justice, complaints are to be liberally construed [citation] and disputes should be resolved on their merits” (Ibid.)

            The court granted these defendants’ former counsel’s motions to be relieved as counsel on January 8, 2024.  The trial is set for March 2025.  Defendant Aaron Green states he is working to earn money to hire new counsel for himself and his co-defendants.  (Green Decl., ¶¶ 2, 6.)  Striking the entities’ answers now would be premature.  Denying this motion without prejudice serves the policy of resolving disputes on their merits.  The court may consider striking these defendants’ answers if they remain unrepresented closer to trial.  Moreover, even if their answers are not stricken, they cannot defend themselves at trial without counsel.

            Plaintiff Westside Lighting, Inc.’s motion to strike the answers of defendants Lux Technology Group, Inc., Direct Green Solutions, LLC, and EOS Organization, LLC, is denied without prejudice.