Judge: Joseph Lipner, Case: 24STCV03482, Date: 2025-01-02 Tentative Ruling

Case Number: 24STCV03482    Hearing Date: January 2, 2025    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

Plaintiff Zoila Magaly Curcin Cheguen (“Plaintiff”) has filed four motions to compel against defendant Izzuz Partners, Inc. (“Defendant”).  The Court grants three of the motions:  (1) the motion to compel further responses to form interrogatories-general, set one; (2) the motion to compel further responses to request for production, set one; and (3) the motion to compel initial response to request for production set two and special interrogatories set one. With respect to this discovery, Defendant shall serve  supplemental responses or initial responses are due within 30 days of this order.

The Court grants Plaintiff’s requests for sanctions on these three motion in the total amount of $2,580.  Defendant shall pay this amount within 30 days of this order.

The Court denies Plaintiff’s motion to compel form interrogatories-employment and denies Plaintiff’s request for sanctions with respect to this motion.

Plaintiff shall provide notice.

I.                   Motion to Compel Further Responses to Plaintiff’s Form Interrogatories-General, Set One

Plaintiff seeks to compel further responses to Plaintiff’s Form Interrogatories-General, Set One from Defendant.  Plaintiff also requests sanctions in the amount of $3,360. 

Defendant has not opposed the motion. 

Plaintiff moves to compel further responses to Form Interrogatory No. 4.1, which asks for information about Defendant’s insurance policy. Defendant merely responded, “Responding Party uses PEO for its insurance, Employers Outsourcing,” but did not provide the requested information in subsections (a) through (g). The Court agrees that Plaintiff is entitled to this information.

Defendant shall provide amended responses within 30 days of notice of this order.  

The Court grants Plaintiff’s sanctions request in the amount of $660.  This represents one hour of Plaintiff’s counsel’s time and the filing fee.  Defendant shall pay this amount directly to Plaintiff’s counsel within 30 day of this order.

II.               Motion to Compel Further Responses to Requests for Production of Documents, Set One

Plaintiff moves to compel further responses to Plaintiff’s Requests for Production of Documents, Set One from Defendant. Plaintiff also requests sanctions in the amount of $3,360.

Defendant does not oppose the motion.

The Court grants the motion as follows:

Request Nos. 1-6, 10-16, 20, 24, 27, 32-33

Plaintiff asserts that Defendant refers Plaintiff to “Exhibit A” in response, but Exhibit A is the entirety of Defendant’s document production, and Defendant does not identify which documents respond to each individual request.

Documents must be sorted and labeled to correspond with the categories in the document demand. (Code Civ. Proc., § 2031.280(a); see Pollock v. Super. Ct. (Schuster) (2023) 93 Cal.App.5th 1348, 1359.)

Within 30 days, Defendant must sort and label the documents to correspond with the categories in the document demands.

Request Nos. 7-9, 17-19, 21-23, 26, 28-31

Plaintiff asserts that Defendant states that it has “made an internal search and has reviewed its files and is not able to produce responsive documents,” which does not comport with the requirements of California Code of Civil Procedure section 2031.230.

With regard to document requests, a response expressing an inability to comply shall state that a diligent search and reasonable inquiry was made to locate the items, and the reason for an inability to comply, including that the item never existed, was lost or stolen, was destroyed, or is not in respondent’s possession, along with the identity and address of anyone believed to have the document. (Code Civ. Proc., § 2031.230.)

Within 30 days, Defendant must provide responses that comply with the discovery code. 

Request Nos. 25, 34, 35

Defendant did not respond or object to Requests for Production, Nos. 25, 34, and 35.  Defendant must do so within 30 days and produce all responsive documents.

Sanctions

The Court awards $1260 in sanctions for this motion.  This represents two hours of Plaintiff’s counsel’s time and a $60 filing fee.  Defendant shall pay this amount directly to Plaintiff’s counsel within 30 days.

III.            Motion to Compel Initial Response to Request for Production of Documents, Set Two and Special Interrogatories, Set One

Plaintiff seeks to compel initial responses to Plaintiff’s Request for Production of Documents, Set Two and Special Interrogatories, Set One. The plaintiff also requests sanctions of $2460.

Defendant does not oppose the motion.

Here, Plaintiff served Defendant the Special Interrogatories, Set One and Requests for Production of Documents, Set Two on September 25, 2024, by email. (Lopez Decl. ¶ 5, Ex. A, B.)  Accordingly, Plaintiff had until October 28, 2024, to respond timely. However, as of filing these motions, no responses have been provided. (Lopez Decl. ¶ 7.)

Defendant’s motion to compel responses to special interrogatories is granted pursuant to Code of Civil Procedure section 2030.290. Defendant must serve verified responses to Plaintiff’s Special Interrogatories, Set Two without objections, within thirty (30) days of this order.

            Plaintiff’s motion to compel responses to the requests for production of documents is granted pursuant to Code of Civil Procedure section 2031.300. Defendant must serve verified responses to Plaintiff’s Requests for Production of Documents, Set Two, without objections, within thirty (30) days of this order, along with all responsive documents.

The Court grants Plaintiff’s sanctions request in the amount of $660.  This represents one hour of Plaintiff’s counsel’s time and the filing fee.  Defendant shall pay this amount directly to Plaintiff’s counsel within 30 day of this order.

IV.            Motion to Compel Further Reponses to Plaintiff’s Employment Form Interrogatories, Set One

Plaintiff moves to compel further responses to Plaintiff’s Employment Form Interrogatories, Set One. The plaintiff also requests sanctions in the amount of $3,360.

Defendant does not oppose the motion.

The Court denies the motion and the request for sanction because Plaintiff has failed to file a separate statement. When no separate statement is filed with a discovery motion, the matter may be ordered off calendar. (BP Alaska Exploration, Inc. v. Super. Ct. (1988) 199 Cal.App.3d 1240, 1270; see also Cal. Rules of Court, rule 3.1345.)