Judge: Elaine W. Mandel, Case: 21SMCV01729, Date: 2022-09-07 Tentative Ruling

Case Number: 21SMCV01729    Hearing Date: September 7, 2022    Dept: P

Tentative Ruling
Slaten v. Floyd Skeren & Kelly, LLP et al., Case No. 21SMCV01729
Hearing Date September 7, 2022
Plaintiff Slaten’s Motion to Compel Further Responses to RFPs (UNOPPOSED)

Slaten served requests for production of documents on defendant Floyd Skeren Manukian Langevin, LLP (FSKML) on March 8, 2022. Slaten argued FSKML served boilerplate objections on May 9, 2022. After an informal discovery conference, FSKML served supplemental responses on August 5, 2022. FSKL refused to produce documents in response to ten requests for production—RFPs Nos. 1, 12, 20, 25, 31, 33, 44, 57, 59, 62, 63, 67, 68, 71, and 72. Slaten moves to compel further production. There is no opposition.

Under Cal. Code of Civ. Proc. §2031.3100(a)(3), a party in receipt of responses to requests for production of documents can move for an order compelling further production if the response is inadequate or the objections are without merit. Evidence is discoverable if the material sought is relevant to the subject matter of the action and reasonably calculated to lead to the discovery of admissible evidence. This standard is broadly applied. Colonial Life & Accident Ins. Co. v. Sup. Ct. (1982) 31 Cal. 3d 785, 790. 

The first, twelfth, twentieth, twenty-fifth, thirty-third, forty-fourth, fifty-seven, fifty-nine, sixty-two, sixty-third, sixty-seventh, sixty-eighth, requests for production seek communications involving attorneys employed defendants FSKML and FSK related to the alleged referral fee agreement and other firm business, including settlements. These requests seek relevant information which go directly to the issues at the heart of the lawsuit. The objections are without merit. 

However, as the requests seek litigation-related communications from attorneys, some or all documents sought may be protected by attorney-client or work product privilege. Requests 67 and 68, for example, seek inter-firm communications “related to any ethics opinions.” FSKML raised privilege/work product objections but failed to produce a required privilege log under Cal. Code of Civ. 2031.240(c)(1). FSKML must produce further documents, or a privilege log as required. 

Requests thirty-one, thirty-three, seventy-one and seventy-two seek broad categories of documents less obviously protected by privileges. Given the wide scope of the documents sought, the overbreadth and relevance objections may have merit. Nonetheless, FSKML is required to make a good-faith effort to produce documents responsive to the request. If FSKML wishes to object on the basis of privilege, it must produce a privilege log under §2031.240. No sanctions will be awarded, as all objections were made in good faith.

GRANTED in part, pursuant to the above terms. Production within 20 days.