Judge: Kimberly Knill, Case: 30-2022-01253074-CU-CO-CJC, Date: 2023-08-25 Tentative Ruling

Plaintiff’s Motion to Compel Responses to Special Interrogatories, Set One, and Request for Monetary Sanctions

Plaintiff Mark Dean’s unopposed motion to compel responses to special interrogatories (set one) from Defendant Kent Burner is GRANTED.

Defendant to ORDERED to serve verified responses, without objection, and pay $860 in monetary sanctions to plaintiff’s counsel, within 30 days.

Plaintiff to give notice.

Plaintiff’s Motion to Compel Further Responses to Form Interrogatories, Set One, and Request for Monetary Sanctions

Plaintiff Mark Dean’s unopposed motion to compel further responses to form interrogatories (set one) from Defendant Kent Burner is GRANTED in part and DENIED in part.

The Motion is GRANTED as to Nos. 2.11, 12.2, 12.3, 14.1, 14.2, 17.1, and 50.2-50.6.

The Motion is DENIED as to Nos. 12.1 and 50.1. The Court finds Defendant’s responses sufficient.

Defendant is ORDERED to serve verified responses and pay $2,660 in monetary sanctions to plaintiff’s counsel, within 30 days.

Plaintiff to give notice.

Plaintiff’s Motion to Compel Further Responses and Documents Responsive to Request for Production of Documents, Set One, and Request for Monetary Sanctions

Plaintiff Mark Dean’s unopposed motion to compel further responses to request for production of documents (set one) from Defendant Kent Burner is GRANTED.

Request 66:  Defendant provided no response.

Requests 53, 70, 71, 72, 73, 74, 76, 77, 78, 83, and 93:  Defendant’s responses fail to comply with Code of Civil Procedure section 2031.230.

Requests 98, 99, 100, 104, 105:  Defendant objected on grounds of relevance, trade secret, personal privacy, third party privacy, and violation of Civil Code section 3295, subdivision (c). These requests seek Fire Code Inc.’s bank statements, credit card statements, profit and loss statements, and any monies defendant or Brandon Olguin received from Fire Code, Inc. from January 1, 2017, to the present.

Plaintiff contends defendant, as President of Fire Code, Inc., had access to and personal knowledge of these matters. The documents requested are necessary in determining if the parties observed corporate formalities or if defendant commingled assets with Fire Code, Inc. such that it is appropriate to pierce the corporate veil. The documents are also relevant to whether the statements made to plaintiff about encountering financial hardship and their efforts to get a loan to pay him were true. Plaintiff also alleges although Fire Code, Inc. forfeited its right to do business to the Franchise Tax Board, it still continues to operate.  Defendant’s objections are without merit.

Requests 5, 10, 15, 20, 25, 30-34; 72, 73, 98-102; 104 and 107:  Defendant objected on grounds of attorney-client privilege and trade secret but did not provide a privilege log.

Defendant is ORDERED to serve verified responses and pay $1,900 in monetary sanctions to plaintiff’s counsel, within 30 days.

Plaintiff to give notice.