Judge: Armen Tamzarian, Case: BC635657, Date: 2025-05-01 Tentative Ruling

Case Number: BC635657    Hearing Date: May 1, 2025    Dept: 52

Judgment Creditor FCP Brands, Inc.’s Motion to Compel Further Responses to Requests for Production of Documents

Judgment creditor FCP Brands, Inc. (FCP) moves to compel judgment debtor Mimi Park aka Mi Jin Kim to serve further responses to requests for production of documents Nos. 1-34. 

Meet and Confer

            Debtor contends FCP failed to meet and confer to resolve this dispute as required under Code of Civil Procedure section 2031.310, subdivision (b)(2).  The record shows FCP made sufficient efforts to do so.  Its counsel sent a detailed meet and confer letter on July 15, 2024.  (Blackinton Decl., ¶ 26, Ex. O.)  Counsel for the parties later exchanged numerous emails discussing the dispute and offering to meet and confer further.  (Id., Exs. P-T.)  These attempts fulfilled FCP’s obligation to meet and confer.

Sufficiency of Responses

A party demanding documents 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.”  (Code Civ. Proc., § 2031.310, subd. (a).) 

Debtor made meritless objections in response to the requests for production.  Generally, after the requesting party moves to compel further responses, the responding party bears the burden of justifying its objections.  (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255.)  Debtor does not attempt to substantiate any of her objections.  She instead contends she produced sufficient responsive documents in discovery in another action.  That is not a substitute for verified statements of compliance under Code of Civil Procedure section 2031.220.  Debtor’s objections to requests for production Nos. 1-34 are overruled.    

Sanctions

            FCP moves for $5,200 in sanctions against debtor and her counsel, Nico N. Tabibi.  Sanctions are appropriate under the circumstances.  Debtor did not act with substantial justification.  FCP reasonably incurred $5,200 in expenses.

Disposition

Judgment creditor FCP Brands, Inc.’s motion to compel further responses to requests for production is granted.  Judgment debtor Mimi Park aka Mi Jin Kim is ordered to serve further verified responses without objections to FCP Brands, Inc.’s requests for production Nos. 1-34 within 30 days.  Park shall produce all responsive documents in her possession, custody, or control concurrently with her verified supplemental responses.  Judgment debtor Mimi Park aka Mi Jin Kim and her counsel Nico N. Tabibi are ordered to pay judgment creditor $5,200 in sanctions within 30 days.  Debtor and her counsel are jointly and severally liable for the sanctions.