Department 78, Stanley Mosk Courthouse

March 15, 2024

21STCV42187 

Tito v. Pacific Specialty Insurance

Defendant’s Motion for Terminating Sanctions

DECISION

This hearing is continued to March 22, 2024 at 8:30 a.m.

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

Plaintiff is reminded that terminating or other types of sanctions may be imposed if monetary sanctions are not enough to prompt Plaintiff to comply with discovery requests and court orders. 

In response to a request for production, a responding party has three options. First, the party may respond that they will comply. Second, the party may represent that they lack the ability to comply. Third, the party may object to the request. (CCP Section 2031.210(a)(1)-(3).) If a party picks the second option, they must affirm that a diligent search and reasonable inquiry has been made in an effort to comply with the request. (CCP Section 2031.230.) 

CCP Section 2031.220 provides as follows.

A statement that the party to whom a demand for inspection, copying, testing, or sampling has been directed will comply with the particular demand shall state that the production, inspection, copying, testing, or sampling, and related activity demanded, will be allowed either in whole or in part, and that all documents or things in the demanded category that are in the possession, custody, or control of that party and to which no objection is being made will be included in the production.

Section 2031.230 provides as follows.

A representation of inability to comply with the particular demand for inspection, copying, testing, or sampling shall affirm that a diligent search and a reasonable inquiry has been made in an effort to comply with that demand. This statement shall also specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or control of the responding party. The statement shall set forth the name and address of any natural person or organization known or believed by that party to have possession, custody, or control of that item or category of item.

The Court expects Plaintiff to provide the following to Defendant by 12 noon on March 21, 2024. 

1 Supplemental verified code compliant responses as set forth below

2 All documents responsive to any requests, including RFP #33

3 All photographs and videos that Plaintiff testified about during Plaintiff’s deposition or that otherwise exist [Requests # 10, 11]

4 Text messages between Plaintiff and his tenant that Plaintiff testified about during Plaintiff’s deposition if they exist or add to the response to RFP #29 that Plaintiff checked his texts and they do not exist. 

5 Paperwork relating to the judgment that Plaintiff obtained against the tenant that Plaintiff testified about during Plaintiff’s deposition or add to the responses to RFP #31 and 32, that Plaintiff testified incorrectly and that there is no three day notice to pay rent or quit or unlawful detainer filings or other paperwork that ever existed.  

 

RFPs #1, 4, 11, 23, 24, 25, 27, 28

Must provide a code-complaint response. See choices above. If all responsive documents have already been produced, the response must state so clearly and identify by bates number the documents that are responsive.  If the previous production did not have bates numbers, the documents should be reproduced with bates numbers and identified in the response by bates numbers.

RFPs #14, 15, 16, 17, 26

Must provide a code-compliant response, including the diligent search and reasonable inquiry language.

RFPs #21, 22, 29, 30, 31, 32

Must provide a code-compliant response specifying whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or control of the responding party. The statement shall set forth the name and address of any natural person or organization known or believed by that party to have possession, custody, or control of that item or category of item.