Judge: Erick L. Larsh, Case: 2018-00973625, Date: 2023-05-18 Tentative Ruling

Motion to compel further responses to Requests for Admission, Set Two.

Cross-complainant McCarthy Building Companies, Inc.’s motion to compel cross-defendant Star Hardware, Inc. to provide further responses to Requests for Admissions, Set Two, is GRANTED in part and MOOT in part. (Code Civ. Proc., § 2033.290 [authorizing motion]; see also Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409 [court’s discretion where responses served prior to hearing].)

Request Nos. 15-17, 31, 35, 36, 38, 56-60: GRANT. Cross-defendant Star Hardware, Inc. shall provide full, complete, and verified further responses, without objection, within 10 days. Further responses shall comply with Code Civ. Proc., § 2033.220. Cross-defendant’s responses to these Requests are evasive and/or incomplete. (Code Civ. Proc., § 2033.290, subd. (a)(1).)

Request Nos. 18, 19, 25-29; 25-29, 42, 45, 66-68, 93, 94: MOOT. Cross-defendant’s further responses to these Requests are sufficient.

Request Nos. 20-24, 30, 32, 33, 39, 44, 46-55, 64, 65: GRANT. Cross-defendant Star Hardware, Inc. shall provide full, complete, and verified further responses, without objection, within 10 days. Cross-defendant has not shown that its objections have merit. (Code Civ. Proc., § 2033.290, subd. (a)(2); see also San Diego Professional Assoc. v. Superior Court (1962) 58 Cal.2d 194, 199 [as a general rule, the party resisting an effort to enforce discovery has the burden to demonstrate why a particular privilege or objection applies].)

Request Nos. 34, 40, 41, 43, 61, 62, 63: GRANT. Cross-defendant Star Hardware, Inc. shall provide full, complete, and verified further responses, without objection, within 10 days. Further responses shall comply with Code Civ. Proc., § 2033.220, subd. (c).

Monetary sanctions are imposed against cross-defendant Star Hardware, Inc. in the amount of $1,645.00. (Code Civ. Proc., § 2033.290, subd. (d).) Sanctions against cross-defendant’s counsel are DENIED. (Code Civ. Proc., § 2023.040.) Sanctions are payable to counsel for moving party within 15 days.

Moving party shall give notice.

Motion to compel further responses to Form Interrogatories, Set Two.

Cross-complainant McCarthy Building Companies, Inc.’s motion to compel cross-defendant Star Hardware, Inc. to provide further responses to Requests for Admissions, Set Two, is GRANTED in part and DENIED in part. (Code Civ. Proc., § 2030.300 [authorizing motion]; see also Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409 [court’s discretion where responses served prior to hearing].)

Cross-defendant Star Hardware, Inc. shall provide full, complete, and verified further responses, without objection, to Form Interrogatory 17.1 within 10 days, as to all Requests for Admission where further responses are ordered above.

Cross-defendant Star Hardware, Inc. shall also provide full, complete, and verified further responses, without objection, within 10 days, to Requests for Admission Nos. Nos. 18, 19, 25-28, 45, and 94, which were either denied, or admitted with qualifications.

The motion is DENIED as to Requests for Admission Nos. 29, 42, 66-68, and 93, which were admitted.

Monetary sanctions are imposed against cross-defendant Star Hardware, Inc. in the amount of $1,598.00. (Code Civ. Proc., § 2033.300, subd. (d).) Sanctions against cross-defendant’s counsel are denied. (Code Civ. Proc., § 2023.040.) Sanctions are payable to counsel for moving party within 15 days.

Moving party shall give notice.