Judge: Katherine Chilton, Case: 22STLC03513, Date: 2023-05-16 Tentative Ruling

Case Number: 22STLC03513     Hearing Date: May 16, 2023    Dept: 25

PROCEEDINGS:      DEFENDANT’S MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES, AND REQUEST FOR PRODUCTION OF DOCUMENTS) and FOR MONETARY SANCTIONS  

MOVING PARTY:   Defendant TPE Concepts, LLC   

RESP. PARTY:         None

MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES

MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS

AND FOR SANCTIONS

(CCP §§ 2030.290, 2031.300, 2033.280 etc.)

TENTATIVE RULING:

Defendant TPE Concept, LLC’s Motion to Compel Plaintiff Mohsen Sadooghi’s To Provide Responses to Defendant’s Form Interrogatories, Set One, and Defendant’s Motion to Compel Plaintiff to Provide Responses to Defendant’s Demand to Identify and Produce Documents are DENIED.  Defendant’s request for sanctions is also DENIED.  

SERVICE: 

[X] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[X] Correct Address (CCP §§ 1013, 1013a)                                                 OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     OK

OPPOSITION:          None filed as of May 15, 2023                [   ] Late                      [ X] None

REPLY:                     None filed as of Ma6 15, 2023                [   ] Late                      [X] None

ANALYSIS:

I.                Background

On May 24, 2022, Plaintiff Mohsen Sadooghi (“Plaintiff”) filed an action against Defendant TPE Concepts, LLC (“Defendant”), alleging contractual fraud. Defendant filed an Answer to the Complaint on January 27, 2023.   

Defendant has filed two separate Motions that are directed at Plaintiff:  (1) Motion to Compel Plaintiff Mohsen Sadooghi to Provide Verified Responses, without Objections, to Defendant’s Form Interrogatories, Set One, and (2) Motion to Compel Plaintiff Mohsen Sadooghi to Provide Verified Responses, without Objections, and the Documents to Defendant’s Demand to Identify and to Produce Documents.  Defendant also seeks monetary sanctions.

II.              Legal Standard & Discussion

The Court finds that it cannot rule on the instant Motions because Defendant’s discovery requests have exceeded what is permitted in a limited civil action.  In this case, Defendant propounded 30 form interrogatories and 11 document requests, totally 41 requests. However, Code of Civil Procedure section 94(a) limits discovery in limited jurisdiction actions to “any combination of 35 of the following:  interrogatories with no subparts . . . , demands to produce documents or things . . . ., requests for admission with (no subpart).”  Defendant has exceeded what is permitted in this limited civil action and the Court will not choose which requests to eliminate for Defendant’s discovery requests to come into compliance with the rule of 35. 

III.            Conclusion & Order

For the foregoing reasons, Defendant’s Motion to Compel Plaintiff Mohsen Sadooghi to Provide Verified Responses, without Objections, to Defendant’s Form Interrogatories, Set One, and (2) Defendant’s Motion to Compel Plaintiff Mohsen Sadooghi to Provide Verified Responses, without Objections, and the Documents to Defendant’s Demand to Identify and to Produce Documents are DENIED as are Defendant’s requests for sanctions.

Moving party is ordered to give notice.