Judge: Gregory Keosian, Case: 21STCV39048, Date: 2023-03-14 Tentative Ruling

Case Number: 21STCV39048    Hearing Date: March 14, 2023    Dept: 61

Plaintiff Titanium Group, LLC’s Motion to Compel Further Responses to Requests for Production from Defendant Newage Kaleidoscope, LLC is GRANTED as to Requests No. 16 and 17, and DENIED as to the other requests. Sanctions are denied.

I.                   MOTION TO COMPEL FURTHER – DOCUMENTS

“A propounding party may demand a responding party to produce documents that are in their possession, custody or control. (Code Civ. Proc., § 2031.010.) A party may likewise conduct discovery by propounding interrogatories to another party to be answered under oath. (Code Civ. Proc. § 2030.010, subd. (a).) The responding party must respond to the production demand either by complying, by representing that the party lacks the ability to comply, or by objecting to the demand. (Code Civ. Proc., § 2031.210.) The responding party must respond to the interrogatories by answering or objecting. (Code Civ. Proc. § 2030.210, subd. (a).) If the responding party fails to serve timely responses, the propounding party may move for an order compelling responses to the production demand and interrogatories. (Code Civ. Proc., §§ 2030.290, 2031.300.)

Plaintiff Titanium Group, LLC (Plaintiff) moves to compel further responses to Requests for Production, Set Two, Requests No. 13–33, from Defendant Newage Kaleidoscope, LLC (Defendant). These requests sought bank reconciliation records, loan agreements, and distributions. Defendant first responded only with objections, then with supplemental responses, but without verification, and unilaterally conditioned upon the entry of a protective order. (Miller Decl. ¶¶ 3–4.)

Defendant in opposition argues that the motion has been rendered moot with further supplemental production served alongside the opposition, and that Plaintiff failed to adequately meet and confer. (Opposition at p. 2.)

Further responses are warranted as to Requests for Production No. 16 and 17. Although supplemental responses were provided, the responses to these requests stated only that no responsive documents exist, without any assurance that “a diligent search and a reasonable inquiry has been made in an effort to comply with that demand,” as is required by Code of Civil Procedure § 2031.230.

The motion to compel further is therefore GRANTED as to requests No. 16 and 17, and otherwise DENIED as moot.

II.                SANCTIONS

Statute provides that the court shall impose sanctions upon a party who unsuccessfully makes or opposes a motion to compel further response to interrogatories or requests for production of documents, absent substantial justification otherwise. (Code Civ. Proc. §§ 2030.300, subd. (d); 2031.310, subd. (h).)

Plaintiff seeks $4,560.00 in sanctions against Defendant, representing ten hours of attorney work at $450 per hour, plus a $60 filing fee. (Miller Decl. ¶ 12.) Sanctions are denied.

Plaintiff to give notice.