Judge: Daniel S. Murphy, Case: 23STCV17783, Date: 2024-10-02 Tentative Ruling

Case Number: 23STCV17783    Hearing Date: October 2, 2024    Dept: 32

BACKGROUND

            On July 28, 2023, Plaintiff Ronald Cortez filed this action against Defendants G&E Healthcare Services, LLC; G and E Healthcare Services, LLC; Astoria Nursing and Rehabilitation Center; Gem Healthcare, LLC; Gen Transitional Care Center; and Grace Santos Mercado. This is an action for wage violations. The claims are asserted individually and under PAGA on behalf of other aggrieved employees.

            On August 30, 2024, Plaintiff filed the instant motion to compel Defendant G&E Healthcare Services, LLC’s further responses to Requests for Production. Defendant filed a notice of non-opposition on September 18, 2024.

LEGAL STANDARD

Upon receiving responses to its discovery requests, the propounding party may move for an order compelling further responses if the responses are incomplete or evasive, or objections are without merit or too general. (Code Civ. Proc., §§ 2030.300(a), 2031.310(a), 2033.290(a).) The party seeking production of documents bears the initial burden of showing good cause through a fact-specific showing of relevance. (Kirkland v. Superior Court (2002) 95 Cal.App.4th 92, 98.) Once this showing is made, the burden shifts to the responding party to justify any objections. (Ibid.)

MEET AND CONFER

A motion to compel further must be accompanied by a meet and confer declaration demonstrating an attempt to resolve the matter informally. (Code Civ. Proc., §§ 2030.300(b)(1), 2031.310(b), 2033.290(b).) The Court finds that Plaintiff has satisfied the meet and confer requirement. (See Mooradian Decl.)

DISCUSSION

            The five RFPs at issue request the following information on aggrieved employees: time records (no. 12); meal period waiver records (no. 13); punch questionnaires/break logs (no. 15); wage statements (no. 16); and separation documents (no. 17). Defendant objected to the requests as overbroad/burdensome and invading privacy, and then stated that it “will produce a sampling of responsive documents in its custody, possession or control.”

            There is good cause for the requested information because the documents are directly related to the wage claims asserted in the complaint. The requests are not overbroad or burdensome, nor do they represent a serious intrusion into a privacy interest. (See Williams v. Sup. Ct. (2017) 3 Cal.5th 531, 552; Pioneer Electronics (USA), Inc. v. Superior Court (2007) 40 Cal.4th 360, 371.) The response is evasive because the requests ask for all documents, not merely a “sampling.” Defendant concedes that further responses are warranted.

CONCLUSION

            Plaintiff’s motion to compel further responses is GRANTED. Defendant G&E Healthcare Services, LLC shall provide further responses to the subject discovery within 20 days of this order.