Judge: Jill Feeney, Case: 21STCV17366, Date: 2022-10-14 Tentative Ruling
Case Number: 21STCV17366 Hearing Date: October 14, 2022 Dept: 30
Department 30, Spring Street Courthouse
October 14, 2022
21STCV17366
Plaintiff’s Motion to Compel Further Responses by Defendant to Special Interrogatories and Request for Sanctions
Plaintiff’s Motion to Compel Further Responses by Defendant to Requests for Production and Request for Sanctions
DECISION
Special Interrogatory Nos. 21, 22, 23, and 24
The motion is granted in part and denied in part.
Defendant must also respond with respect to any claims involving a slip and fall caused by liquid on the floor anywhere within the particular store.
Special Interrogatory Nos. 36 and 37
The motion is denied.
Sanctions with Respect to Special Interrogatories
No sanctions are awarded here given that much of the motion was denied.
Request for Production No. 3
The motion is granted.
Defendant must provide a privilege log containing sufficient information to enable Plaintiff to challenge the application of any privilege.
Putting aside communications listed on the privilege log, Defendant must indicate that the Incident Report is the only responsive document, if that is the case. Otherwise, Defendant must produce any other responsive documents.
Request for Production Nos. 14, 18, 30, 32
The motion is granted in part.
Defendant must produce sweep sheets for March 1, 2021 through and including March 30, 2021.
Request for Production Nos. 21, 22
The motion is denied.
Request for Production No. 39
Code of Civil Procedure Section 2017.210 reads as follows.
A party may obtain discovery of the existence and contents of any agreement under which any insurance carrier may be liable to satisfy in whole or in part a judgment that may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. This discovery may include the identity of the carrier and the nature and limits of the coverage. A party may also obtain discovery as to whether that insurance carrier is disputing the agreement's coverage of the claim involved in the action, but not as to the nature and substance of that dispute. Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial.
Based on the two responses provided by Defendant to this request, the Court is unsure whether or not there are agreements with insurance carriers which would fall under the section set forth above.
To that extent, the motion is granted and Defendant must respond clearly to the request and provide the required information if any agreements with insurance carriers are implicated.
The insurance policy itself must be produced for inspection and copying in response to an inspection demand.
Request for Production No. 46
The motion is denied.
The manual that Plaintiff wishes to produce is beyond the time limitations in Plaintiff’s request.
However, the Court requests that Defendant produce the manual referenced in its responses so as to avoid further unnecessary litigation.
Sanctions with Respect to Requests for Production
Plaintiff requests sanctions totaling $14,56.07 in connection with this motion consisting of many hours of time at $700 per hour plus the motion fee, which is $60.
The Court does not find the amount requested in terms of hours or hourly rate reasonable under these circumstances. However, the Court finds that some amount of sanctions are appropriate.
The Court awards sanctions in the amount of $3,560 based upon 10 hours of time at $350 per hour plus the $60 filing fee. The sanctions are awarded jointly and severally against Defendant and Defendant’s counsel of record. The sanctions are due within 20 days after the date of this order.
Further responses (including production of any documents) as set forth above must be served within 20 days after the date of this order.
Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order.
