Judge: Laura A. Seigle, Case: 23STCV01754, Date: 2024-02-06 Tentative Ruling
Case Number: 23STCV01754 Hearing Date: February 6, 2024 Dept: 15
[TENTATIVE] ORDER RE MOTIONS TO COMPEL
Honeywell’s Motion to Compel
Honeywell
served requests for admissions and form interrogatory No. 17.1. Plaintiffs objected, and Honeywell filed a
motion to compel further responses to some of the RFAs and the form
interrogatory. Most of the RFAs address
issues already covered by the standard interrogatories. That means that the form interrogatory No.
17.1 applied to those RFAs results in discovery requests that duplicate the
standard interrogatories. Honeywell
failed to address this problem. The
court rules as follows:
RFA Nos. 34-40: Granted.
Plaintiffs are to serve verified responses within 30 days.
Form Interrogatory No.
17.1: Granted in part and denied in part. The RFAs asked Plaintiffs to admit they have
no evidence supporting their causes of action and request for punitive
damages. The standard interrogatories
require Plaintiffs to state the facts, and identify witnesses and documents,
supporting the contention that Defendant’s products exposed Plaintiff to asbestos,
concerning friction products (such as Defendant’s brakes), warnings about
asbestos, defects in the products at issue, misrepresentations about asbestos
containing friction products, the harm and damages to Plaintiffs caused by the
asbestos exposure. (See, e.g., Standard
Interrogatory Nos. 18, 22, 23, 24, 25, 26, 27, 28, 50, 55-62.) The only non-duplicative portion of form
interrogatory No. 17.1 concerns RFA No. 40 about the request for punitive
damages. Therefore, the motion is denied
as to form interrogatory No. 17.1 concerning all RFAs except as to RFA No. 40,
and is granted as to form interrogatory No. 17.1 concerning RFA No. 40. Plaintiffs are to serve verified responses
within 30 days.
The motion is GRANTED in
part and DENIED in part. The moving
party is to give notice.
American Honda Motor Co.’s Motions to
Compel
American
Honda Motor Co. served requests for admission Nos. 1-3 and 6-26 on both
Plaintiffs. Plaintiffs objected, and
Defendant filed two motions to compel further responses to those RFAs.
Plaintiffs
objected that the RFAs are improper because Defendant also served form
interrogatory No. 17.1. But Defendant
did not file a motion to compel further responses to form interrogatory No.
17.1. The RFAs standing alone are
proper, and the motion is granted.
The
two motions to compel are GRANTED.
Plaintiffs are to serve verified responses to the RFAs within 30 days.
The
moving party is to give notice.