Judge Douglas W. Stern, Case Number: 21STCV34829, Date: 2023-09-13 Tentative Ruling

Judge: Douglas W. Stern, Case: 21STCV34829, Date: 2023-09-13 Tentative Ruling

Case Number: 21STCV34829 Hearing Date: November 30, 2023 Dept: 68

Hazel Rodriguez v. Tacos N Miches LLC, Case No. 21STCV34829

Defendant’s Motion to Compel Responses to Requests to Admit

Defendant’s Motion to Compel Compliance with Statement of Compliance in Response to Request to Produce

Eleven months ago…

MOTION TO COMPEL RESPONSES TO REQUEST TO ADMIT

Plaintiff Hazael Rodriguez filed a Complaint against Tacos N Miches, LLC, Juan Gonzalez, and Francis Linares (“Defendants”). The 22 causes of action in the Complaint included multiple FEHA violations including discrimination based on disability, harassment, and retaliation; retaliation for disclosing violations of the law; and violations of wage and hour statutes. On January 11, 2023, Defendant Juan Gonzalez served a first set of Requests for Admission. On March 24, 2024 Plaintiff served responses and objections. On August 4, 2024, Plaintiff served supplemental responses and objections.

Defendant has now filed a Motion to Compel Responses to two Requests to Admit. Plaintiff’s claims involve, among other things, allegations that the Defendants failed to properly pay Plaintiff’s wages. Defendant asked Plaintiff to:

“Admit that YOU asked Defendant Juan Gonzalez to have YOUR paychecks made payable to a person YOU identified as YOUR cousin because YOU did not have any State government issued identification.”

This Admission appears to be appropriate as it might explain why an apparent underpayment of wages exists. But only objections were given.

Plaintiff’s Opposition does not attempt to justify the objections. Instead, Plaintiff states

“Plaintiff has served code-compliant responses to Defendant’s Requests for Admission No. 14 on November 15, 2023. (Carina Miller Decl., Exhibit 1).”

But the Miller Declaration includes as Exhibit 1 only a November 15, 2023 email that says “Please see attached.” The Declaration of Carina Miller has nothing attached to that email. Hence, Plaintiff has provided the Court nothing to show that Plaintiff has 11 months after the initial service of the discovery belatedly complied with the Requests.

The second Request to Admit states:

“Admit that when YOU completed an employment application in 2018 for employment with Tacos N. Miches, YOU provided a Social Security number which was not YOURS.”

Again, only objections were provided. And Plaintiff also claims to have now provided proper responses on November 15, 2023, but nothing was attached to show that.

It is November 30, 2023. This discovery was served on January 11, 2023. The responses were improper.

Plaintiff is ordered to serve code compliant responses to Requests to Admit #14 and #15 within 10 days of this Order. Plaintiff Hazael Rodriguez shall pay sanctions to Defendant’s counsel in the amount of $2,310 within 60 days of the date of this order.

MOTION TO COMPEL COMPLIANCE WITH STATEMENT OF COMPLIANCE

At the same time that Defendant served the Requests to Admit he also served a Request to Produce. Defendant now moves to compel Plaintiff to produce those documents in compliance with § 2031.280 responsive to Document Request category numbers 4, 5, 8, 9, 11, 14-18, 20-27, 30-35, 36-41. Plaintiff had response on March 24, 2023 and provided a supplemental response on August 4, 2023. Some documents have bene produced.

“While Plaintiff produced some documents, Plaintiff did not produce documents Plaintiff stated would be produced, and Plaintiff failed to produce documents in compliance with § 2031.280 where the documents must be sorted and labeled to correspond with the categories in the Document Demand. Despite a Meet & Confer letter of May 3, 2023, and multiple extensions to Plaintiff’s counsel to comply, there has been a failure to do so.” (Notice of Motion pg. 2:7-12.)

Plaintiff served an initial response on March 24, 2023 which, after asserting objections stated:

““After a diligent search and a reasonable inquiry, Plaintiff will comply with this request by producing all non-privileged responsive documents within Plaintiff’s possession, custody or control.”

After a meet and confer process an August 4, 2023 response was served stating:

“Plaintiff will comply with this request by producing all non-privileged responsive documents within Plaintiff’s possession, custody or control.”

In response to this Motion Plaintiff states that on November 15, 2023 he has provided a Response for Production of Documents along with a supplemental production of documents.

Just like with the Admissions, the Declaration of Miller does not contain the attachment that purportedly shows that there has now been compliance.

Plaintiff is ordered to produce those documents in compliance with § 2031.280 responsive to Document Request category numbers 4, 5, 8, 9, 11, 14-18, 20-27, 30-35, 36-41 within 10 days of this Order. Plaintiff Hazael Rodriguez shall pay sanctions to Defendant’s counsel in the amount of $1,560 within 60 days of the date of this order.

ORDER

1. On Defendant’s Motion to Compel Responses to Requests to Admit Plaintiff is ordered to serve code compliant responses to Requests to Admit #14 and #15 within 10 days of this Order. Plaintiff Hazael Rodriguez shall pay sanctions to Defendant’s counsel in the amount of $2,310 within 60 days of the date of this order.

2. On Defendant’s Motion to Compel Compliance with Statement of Compliance in Response to Request to Produce Plaintiff is ordered to produce those documents in compliance with § 2031.280 responsive to Document Request category numbers 4, 5, 8, 9, 11, 14-18, 20-27, 30-35, 36-41 within 10 days of this Order. Plaintiff Hazael Rodriguez shall pay sanctions to Defendant’s counsel in the amount of $1,560 within 60 days of the date of this order.

TRIAL DATE

The parties are reminded that cases should be handled in an expeditious manner so that they are ready for trial on the date set by the Court. The trial of this case was initially set on April 14, 2022 for trial July 3, 2023. On February 6, 2023 it was continued on the ex parte application of Defendants to November 13, 2023. It was again continued on the ex parte application of Defendants to February 26, 2024. The Court expects the parties to diligently complete discovery and be prepared for trial.

At the hearing of this matter on November 30, 2023 the parties should be prepared to discuss a short continuance of the trial and final status conference dates due to court non-availability on February 26, 2024.