Judge: Elaine Lu, Case: 22STCV28543, Date: 2025-03-05 Tentative Ruling

Case Number: 22STCV28543    Hearing Date: March 5, 2025    Dept: 9

22STCV28543

FINAL MINUTE ORDER FOR IDC:

On March 5, 2025, Counsel for the parties participated in an informal discovery conference with the Court, at the conclusion of which the parties agreed as follows:

To date, no party in this action has requested that a Belaire-West notice process be effected.  No party in this action is currently requesting that a Belaire-West notice process be carried out.

By no later than March 14, 2025, Defendant will voluntarily serve supplemental, verified, code-compliant responses, without objection, to Special Interrogatories, Set One, number 1.  Pursuant to Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 782, “[i]f only partial answers can be supplied, the answers should reveal all information then available to [Defendant]. If [Defendant] cannot furnish details, [Defendant] should set forth the efforts made to secure the information. [Defendant] cannot plead ignorance to information which can be obtained from sources under [its] control.”

By no later than March 14, 2025, Defendant will voluntarily serve supplemental, verified, code-compliant responses, without objection, to Requests for Production, Set One, numbers 5, 16, and 34.  Defendant’s responses will comply with Code of Civil Procedure section 2031.230, which requires that any “inability to comply” further response “ affirm that a diligent search and a reasonable inquiry has been made in an effort to comply with that demand. This statement shall also specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or control of the responding party. The statement shall set forth the name and address of any natural person or organization known or believed by that party to have possession, custody, or control of that item or category of item.”  If Defendant is unable to produce complete records for all putative class members for the entirety of the class period, Defendant is to set forth in its verified response the steps that Defendant has undertaken in an attempt to gather all of the records and explaining why Defendant is unable to produce complete records.

By no later than March 14, 2025, Defendant will voluntarily produce any additional/supplemental documents in compliance with its verified responses to Requests for Production, Set One, numbers 5, 16, and 34, including any direct messages exchanged between Luis Villacrez and Benjamin Villacrez on the one hand and putative class members on the other hand that are within Defendant’s possession, control, or custody.  If Defendant is unable to comply fully, Defendant will voluntarily serve a supplemental, verified, code-compliant response that complies with Code of Civil Procedure section 2031.230.

Defendant has in fact produced payroll records for May 2024 onward, and Plaintiff withdraws Plaintiff’s request for further response to Requests for Production, Set One, number 7.

The deadline by which Plaintiff must file a motion to compel further responses to Requests for Production, Set One and a motion to compel further responses to Special Interrogatories, Set One is extended to April 24, 2025.

The parties entered into these stipulations in open Court. 

Prior to finalizing this minute order, the Court posted this minute order on the Court’s online tentative ruling website, and all Counsel agreed to the accuracy of this minute order in reflecting the parties’ stipulations.

For any motion to compel further in this action that has been filed or will be filed in the future, the responding party’s voluntary service of supplemental responses prior to the hearing will moot all issues for the motion except for sanctions.  The parties are ordered to meet and confer regarding sanctions and to file a joint statement within 5 court days of the service of supplemental responses; the joint statement must advise that supplemental responses have been served and advise whether the parties have been able to resolve the sole remaining issue of sanctions.  In order to demonstrate that supplemental responses have been served thereby mooting a pending motion to compel further, the responding party must also file and serve a copy of the verified supplemental responses no later than when the opposition is due.  If the moving party deems that the supplemental responses remain deficient and/or non-code compliant, the moving party must timely (within 45 days of service of the supplemental responses) file and serve a new motion to compel further complying with all statutory requirements, including a meet and confer regarding the supplemental responses and a separate statement that includes all responses (original and supplemental).  The moving party may contact Department 9 to request a further informal discovery conference to discuss the remaining disputes following the service of supplemental responses.  The parties are ordered to file a joint statement of items remaining in dispute no later than 5 days before the further IDC.

In light of the parties’ ongoing efforts to resolve disputes concerning class certification discovery, the parties stipulated to extend the deadline by which Plaintiff must file Plaintiff’s motion for class certification deadline to June 13, 2025.  It is so ordered.  The Non-Appearance Case Review re filing and service of Plaintiff’s motion for class certification is CONTINUED to June 20, 2025 at 8:30 am.

Plaintiff’s Counsel is ordered to download the instant minute order, give notice to all other parties, and file formal proof of service of such.