Judge: David A. Hoffer, Case: 30-2020-1172379, Date: 2022-11-21 Tentative Ruling

Defendant Sabin Burrell’s (“Defendant”) Motion to Compel (“Motion”) plaintiff Aurora Solutions, LLC’s further responses to Requests for Production, Set Three (“RFP”) is GRANTED.

Defendant requests an order requiring Plaintiff to serve further responses to RFP Nos. 2 through 5.

There are various definition issues with these RFP, including 1)  the failure to identify specific entities and/or individuals (Defendant’s entities - RFP No. 3; CORSAIR entities); and 2) an inability of a party to produce verbal non-recorded forms communication.  Plaintiff should not have to search and/or guess as to what entities are involved with either Defendant or CORSAIR -- that is for Defendant to specifically identify.  Definition issues aside, Cal. Civ. Proc. Code § 2031.240(a) requires a party to comply to a request to the best of its ability and to object to the remainder.

Though the sale of a portion of Plaintiff to CORSAIR apparently occurred two-years after the complaint was filed, the information sought may assist parties in evaluating the present case or facilitating settlement.  The present value of Plaintiff, how much it has increased since the complaint was filed and/or since the allegations in the complaint occurred can assist in the valuation and may show Defendant is potentially liable for more/less damages than claimed by Plaintiff. 

To the extent Plaintiff has documents responsive to the requests it should provide them.  The court will not require Plaintiff to search out and attempt to ascertain all additional entities involved with Defendant/CORSAIR as Defendant failed to identify specify additional entities.  The further responses may be subject to attorney-client privilege and/or attorney work product doctrine, however Plaintiff will need to provide a privilege log pursuant to Civ. Proc. Code § 2031.240(c)(1).

Plaintiff is ordered to serve further responses within 30-days of the hearing.

The moving party is ordered to give notice of this ruling.