Judge: Kevin C. Brazile, Case: 23STCV21735, Date: 2024-07-18 Tentative Ruling

Hearing Date: July 18, 2024

Case Name: Ramsey v. Clearmark Title Company, et al.

Case No.: 22STCV38941

Matter: Motion to Compel Further Responses

Moving Party: Plaintiff Laurie Ramsey

Responding Party: Defendant Clearmark Title Company 

Notice: OK

Ruling: The Motion is granted.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

This is an employment action.  Plaintiff Laurie Ramsey seeks to compel Defendant Clearmark Title Company (“Clearmark”) to provide further responses to her requests for production, set one.

With respect to request nos. 4, 12, 13, 14, 15, and 16, Defendant responded: “Responding Party will produce all responsive, non-privileged documents in its possession, custody, or control.”  Thus, the response is sufficient.  On the other hand, it is not clear whether the documents have actually been produced and, in any case, Defendant apparently failed to indicate what documents relate to what responses.  (Code Civ. Proc. § 2031.280(a).)  Thus, Defendant is to produce all responsive documents and indicate the documents that pertain to the specific requests at issue.

Request nos. 2, 20, 21, and 33 seek employee documents about Plaintiff’s pay and benefits, job offer, communications, contracts, and awards; policies about termination; all documents about Defendant’s employment policies and procedures; and policies about preventing discrimination and retaliation against individuals that complain of unlawful activities.    

Defendant responded that it would produce either Plaintiff’s entire personnel file or its employee handbook, depending on the request.

The Motion is granted as to these requests because it is not clear that the handbook or personnel file actually contain all responsive documents and so the response should be that all responsive documents will be produced.

In sum, the Motion is granted.  Further responses and production should be provided within 30 days.  

The Court awards Plaintiff reduced sanctions in the amount of $1,000.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.