Judge: Kimberly Knill, Case: 30-2022-01276626-CU-BC-CJC, Date: 2023-07-21 Tentative Ruling

Defendants’ Motion to Compel (1) Further Responses to Requests for Production of Documents and (2) Further Production of Documents, Request for Sanctions

Defendants, EFM Communications, Inc., Miguel Jaime, Felipe Escobar, Edwin Hernandez, Armando Escobar, Victor Madrigal and Pedro Gonzalez’s (Defendants) Motion to Compel Further Responses to Request for Production, Set Two is GRANTED.

Defendants move for an order compelling further responses as to request nos. 31, 32, 33, 34, 35, 36, 37, 38, 40 and 41 and for production of responsive documents.

Plaintiff’s Responses to Request for Production

Plaintiff’s responses to nos. 31, 32 and 36 are evasive and do not establish it is producing all documents within its possession, custody or control.  (Code Civ. Proc., § 2031.220) The motion is GRANTED as to these requests.

Plaintiff’s responses to nos. 33, 34, 35 and 37 are evasive. Plaintiff must provide either a statement of compliance or inability to comply. (Code Civ. Proc., § 2031.230.) The motion is GRANTED as to these requests.

Plaintiff’s response to no. 38 is improper. Plaintiff states it will comply and produce documents but does not affirm it is producing all documents within its possession, custody or control. (Code Civ. Proc., § 2031.220). The motion is GRANTED as to this request.

Plaintiff’s responses to nos. 40 and 41 are evasive. Plaintiff must provide either a statement of compliance or inability to comply. (Code Civ. Proc., § 2031.230.) The motion is GRANTED as to these requests.

Production of Documents

Plaintiff concedes its responses are incomplete and represents it would make a further production. The motion is GRANTED.

Monetary Sanctions

The court awards sanctions of $8,250 against plaintiff and in favor of defendants. (Code Civ. Proc., §§ 2023.050, subd. (a)(1), 2031.310, subd. (b)(2). Plaintiff’s request for sanction is denied.

Plaintiff is ORDERED to provide further full and complete Code-compliant responses, produce responsive documents, and pay sanctions within 20 days.

Defendants are to give notice.