Judge: Douglas W. Stern, Case: BC723513, Date: 2023-01-03 Tentative Ruling

Case Number: BC723513    Hearing Date: January 3, 2023    Dept: 68

SECOND SITE LLC VS PAUL SCOTT ET AL, Case no. BC723513

Motions to Compel Further Responses to Special Interrogatories (Set One) and Sanctions (Jan. 3, 2023)

Motions to Compel Further Responses to Requests for Production of Documents (Set One) and Sanctions (Jan. 4, 2023)

The original complaint in this case was filed on September 26, 2018. This case stems from a disagreement involving operational control and the sale of a marijuana dispensary. Cross-Defendant filed these motions on October 24, 2022, after trying for several months to get the requested responses and documents from Defendants. No opposition has been filed by Defendants.

Moving party Ronald Glantz brings these Motions against Defendants Devon Wheeler, Erba, Inc., Jay Handal and Gabriel Dezio.  This discovery was propounded on November 2, 2021.  About 7 months of meet and confer efforts preceded these motions.

Motions to Compel Further Responses to Special Interrogatories and Sanctions

Cross-Defendant brings the motion to compel further responses to special interrogatories pursuant to §§ 2030.300, 2030.290, and 2023.030 on the basis that Defendants’ responses to the special interrogatories were inadequate, incomplete, and evasive, and the objections were without merit.

Moving party has listed the special interrogatories at issue in this motion at page 5:28-6:3 of its moving papers.  The responses are boilerplate and evasive.  No opposition was filed.  The objections are not justified by the responding party.  The Motion to Compel further Answers to Special Interrogatories is GRANTED.

Sanctions are in order against each of the Defendants.  The amount shall be determined at the hearing.

Motions to Compel Further Responses to Requests for Production of Documents and Sanctions

Cross-Defendant brings the motion to compel further responses to requests for production of documents pursuant to CCP §§ 2031.300, 2031.310, 2031.320, and 2023.030 on the grounds that (1) Defendants failed to produce the documents as to which a representation that they would be produced was made, and (2) Defendants failed to provide adequate responses to Cross-Defendant’s requests for production of documents and

No documents have been provided.  An order compelling compliance is appropriate.  CCP § 2031.320(a).

Defendants also provided numerous improper responses which were not in compliance with the code.  .  The claim that all the documents are privileged dictates that Defendants comply with their obligation under CCP § 2031.240(b).  They have failed to do so.

The Motion to Compel Production and to Compel a Further Response is GRANTED.

Sanctions are justified against each of the Defendants and shall be determined at the hearing.