Judge: Linda S. Marks, Case: 2022-01271939, Date: 2023-05-15 Tentative Ruling

1. Motion to Compel Production filed by R.V.

The Motion to Compel Further Responses to Requests for Production, Set One (“RFP 1”) filed by Plaintiff, R.V., by and through her Guardian Ad Litem, M.A. (“Plaintiff”) is GRANTED, in part; DENIED, in part.

Plaintiff moves for an order compelling Defendant, Huntington Beach Union High School District (“Defendant”) to provide further responses, without objections, to Requests for Production of Documents, Set One, Nos. 11, 13, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 34, and 35 (misnumbered 30).

The Court GRANTS the motion to compel a further response as to Nos. 11, 13, 21, 22, 24, 26, and 34.

The Court DENIES the motion to compel further responses to Nos. 12, 18, 19, 20, 23, 25, 27, and 35.

The Court construes the motion as to RFP 1, Nos. 11, 21, 22, 24, 26, and 34 to be a motion to compel compliance pursuant to Code of Civil Procedure section 2031.320(a) as Defendant stated that it would produce the requested documents and have not done so. The motion to compel compliance is GRANTED.

As to the remainder of the requests, a motion to compel further responses to a request for production “shall set forth specific facts showing good cause justifying the discovery sought by the demand.” (Code Civ. Proc. § 2031.310(b)(1).) For a request to produce documents, “a party who seeks to compel production must show ‘good cause’ for the request . . . but where, . . . , there is no privilege issue or claim of attorney work product, that burden is met simply by a fact-specific showing of relevance.” (Glenfed Develop. Corp. v. Superior Court (1997) 53 Cal.App.4th 1113, 1117 (“Glenfed”).)

Plaintiff fails to present good cause for all of the documents requested as she fails to show how the documents sought are relevant to her claims and are necessary to prepare for trial.

Based on the foregoing, Defendant to provide verified further responses to RFP 1, Nos. 11, 13, 21, 22, 24, 26, and 34 within twenty (20) days of the notice of ruling.

Plaintiff to give notice.