Judge: Glenda Sanders, Case: 30-2019-01095448, Date: 2023-01-05 Tentative Ruling

Defendant JEUNESSE, LLC (Defendant) has filed a motion seeking to compel further responses to certain interrogatories.

For the reasons set forth below, the interrogatories presently seek information which is neither relevant to any issue in the action or reasonably calculated to lead to the discovery of admissible evidence, and the motion is DENIED WITHOUT PREJUDICE.

On June 10, 2022 Plaintiff filed a motion for leave to amend the complaint to add three new plaintiffs. ROA 330. The amendment was to be achieved by adding the three new plaintiffs to a proposed “Renewed Second Amended Complaint Under the Private Attorney General Act.” Lindemann Decl., Exhibit 1. ROA 335.

On June 27, 2022 Defendant served on Plaintiff the interrogatories in issue, requesting certain information concerning the proposed new plaintiffs. Jacobson Decl., para. 3. ROA 367.

On October 6, 2022 the Court denied Plaintiff’s motion for partial reconsideration and, based thereon, ordered that "the motion for leave to file the ‘renewed second amended complaint’ is denied as moot ROA 387.

Because the motion to file the amended complaint was denied, there are presently no new plaintiffs, and there is presently no motion pending to add any new plaintiffs. Accordingly, the requested information concerning those persons is irrelevant.

As the Court sustained Defendants' demurrer to Plaintiff's PAGA causes of action (causes of action 1 through 4), Plaintiff is hereby Ordered, within 21 days hereof, to file and serve an amended complaint excluding all PAGA claims. In conjunction therewith, Plaintiff may, if so advised, file and serve a duly noticed motion seeking to add plaintiffs to the amended complaint.

Defendant’s motion to compel further responses to the interrogatories is DENIED, without prejudice to being renewed if Plaintiff seeks to add the same new plaintiffs.  In that event the renewed motion must be filed and served within 14 days of the motion seeking to add the plaintiffs being filed.

Defendant is Ordered to give notice.