Judge: Kimberly Knill, Case: 30-2022-01254221-CU-PA-CJC, Date: 2023-05-19 Tentative Ruling

Motion to Compel Plaintiff’s Responses to Requests for Production of Documents

Defendant/Cross-Complainant Floyd Brad Gardner’s Motion to Compel Further Responses to Requests for Production, Set One, is GRANTED in part and DENIED in part.

Defendant moves for an order compelling further responses from Plaintiff to Defendant’s Request for Production of Documents, Set One, Nos. 1, 2, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 20, 22, 23, 24, 25, 26, 27, 29, 30, 31 and 32.

Plaintiff’s responses to Requests for Production Nos. 1 and 2 are sufficient. The motion is DENIED as to these Requests.

“A representation of inability to comply with the particular demand for inspection, copying, testing, or sampling shall affirm that a diligent search and a reasonable inquiry has been made in an effort to comply with that demand. This statement shall also specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or control of the responding party. The statement shall set forth the name and address of any natural person or organization known or believed by that party to have possession, custody, or control of that item or category of item.” (Code Civ. Proc., § 2031.230.)

“On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: [¶] (1) A statement of compliance with the demand is incomplete. [¶] A representation of inability to comply is inadequate, incomplete, or evasive. [¶] An objection in the response is without merit or too general. [¶] (b) A motion under subdivision (a) shall comply with both of the following: [¶] (1) The motion shall set forth specific facts showing good cause justifying the discovery sought by the demand. [¶] (2) The motion shall be accompanied by a meet and confer declaration. [¶] (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the demanding party and the responding party have agreed in writing, the demanding party waives any right to compel a further response to the demand.”  (Code Civ. Proc., § 2031.310.)

Defendant seeks a further response to Request for Production No. 5, which seeks communications with healthcare providers. Plaintiff states she is unable to comply but does not state why.  The motion is GRANTED as to Request No. 5.

Defendant seeks further responses to Requests for Production Nos. 4, and 31, which seek all medical records going back 10 years. Plaintiff objects based on overbreadth and privacy. Here, there is a legally established privacy right in Plaintiff’s medical records and the threatened intrusion is serious. Although Defendant has raised a countervailing interest that the records are necessary, going back 10 years is overbroad and infringes on Plaintiff’s privacy. Thus, the motion is DENIED as to Requests 4 and 31. (See Williams v. Superior Court (2017) 3 Cal.5th 531, 552.)

Plaintiff’s responses to Requests for Production Nos. 6, 7, 9, 10, 11, 12, 13, and 14 are evasive and do not establish that she is producing all documents in her possession custody or control. The motion is GRANTED as to these Requests.

Plaintiff’s responses to Request for Production Nos. 15, 22, 23, 24, 25, 26, 27, 29, and 32 are improper. Plaintiff states she is unable to comply but does not state why.  The motion is GRANTED as to these Requests. 

Plaintiff’s responses to Requests Nos. 20 and 30 are evasive. Plaintiff must provide a statement of compliance or inability to comply. The motion is GRANTED as to these Requests.

Plaintiff is ORDERED to provide further responses and to produce responsive documents within 30 days.  Plaintiff is further ORDERED to pay sanctions to Defendant in the sum of $880 within 30 days.  (Code Civ. Proc., § 2031.310, subd. (h).)

Defendant to give notice.