Judge: Jon R. Takasugi, Case: 21STCV05184, Date: 2023-01-17 Tentative Ruling

Case Number: 21STCV05184    Hearing Date: January 17, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Patrick Industries’ motion to compel compliance is GRANTED. Epsilon is sanctioned, jointly and severally with counsel, $1,400.

            On 2/9/2021, Plaintiff Epsilon Electronics, Inc. (Plaintiff or Epsilon) filed suit against Patrick Industries, Inc. (Defendant or Patrick Industries), alleging: (1) breach of oral contract; (2) common count: open book account; (3) common count; and (4) unjust enrichment.

            On 3/11/2021, Patrick Industries filed a cross-complaint against Epsilon, alleging: (1) breach of contract; and (2) breach of implied warranty of merchantability.

            Now, Patrick Industries moves to compel Epsilon’s compliance with responses to document requests.  Patrick Industries also seeks monetary sanctions against Epsilon.

            The motion is unopposed.

Discussion

            Patrick Industries seeks an ordering compelling Epsilon to comply with its previously served responses to Patrick’s First Set of Requests for Production of Documents within five days. Patrick also moves for an order prohibiting Epsilon from introducing any non-produced documents at trial.

            To date, Epsilon has responded to 36 requests for production by stating that it will produce responsive documents within its custody and control. These requests sought documents related to Epsilon’s core claims and defenses, i.e., communications between the parties regarding purchase orders and invoices, tariff charges, return of products, and Patrick Industries’s allegations that Epsilon’s products were defective. Yet, Epsilon has only produced 11 pages of documents in response to these requests for production. Epsilon has refused to confirm that it has no additional responsive documents in its possession or control, or that it will not attempt to offer any documents at trial beyond those produced to date in this case.

            Epsilon did not oppose this motion, and thus is considered to have conceded to the merits of Patrick Industries’ motion.

            Given the lack of opposition, Epsilon has not provided any substantial justification for its conduct. Accordingly, sanctions are warranted.

            Based on the forgoing, Patrick Industries’ motion to compel compliance is granted. Epsilon is sanctioned, jointly and severally with counsel, $1,400. ($350/hr x 4 hr.)

It is so ordered.

Dated:  January    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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