Judge Jill Feeney, Case 21STCV16843 2023-03-24 Tentative Ruling

Department 30, Spring Street Courthouse

Motion to Compel Plaintiff’s Further Responses to Defendant’s Request for Production (Set Two) and Request for Monetary Sanctions

The motion is granted.

Plaintiff is ordered to provide further responses and any responsive documents within 15 days after the date of this order.

If Plaintiff is claiming privilege over any requested documents, Plaintiff must provide a privilege log. Plaintiff must do so within 15 days after the date of this order.

CCP section 2031.240(c)(1) provides that, “[i]f an objection is based on a claim of privilege or a claim that the information sought is protected work product, the response shall provide sufficient factual information for other parties to evaluate the merits of that claim, including, if necessary, a privilege log.” (Code Civ. Proc., § 2031.240(c)(1).) “ “’The purpose of a ‘privilege log’ is to provide a specific factual description of documents in aid of substantiating a claim of privilege in connection with a request for document production. [Citation.] The purpose of providing a specific factual description of documents is to permit a judicial evaluation of the claim of privilege.’’” (Catalina Island Yacht Club v. Superior Court (2015) 242 Cal.App.4th 1116, 1125 (quoting Best Products, Inc. v. Superior Court (2004) 119 Cal.App.4th 1181, 1188-89).)

Defendant cites to Sections 2030.010, 2023.030 and 2032.320 in support of the imposition of sanctions here. Section 2031.320 does not apply as this motion was not opposed. As to the other two sections, discovery sanctions may not be imposed under Section 2023.030 and Section 2023.010 either separately or together absent another provision of the Discovery Act that authorizes the imposition of sanctions. (City of Los Angeles v. Pricewaterhouse Coopers (Court of Appeal, Second District (2022) 2022 WL 12010415.) For these reasons, the request for sanctions is denied.

Moving party to provide notice and to file proof of service of such notice within two court days after the date of this order.