TENTATIVE RULING

Defendant MedSpa Beverly Hills’ Motion to Compel Compliance with Defendant’s Demand for Inspection of Property is GRANTED. The parties shall meet and confer to set an inspection date to occur within sixty (60) days of entry of this order.

Defendant MedSpa Beverly Hills’ Request for Monetary Sanctions is GRANTED in the amount of $1,560, payable by Plaintiff New Bedford Golden Triangle, LLC and Plaintiff’s counsel to Defendant MedSpa Beverly Hills and defense counsel within thirty (30) days of entry of this order.

Plaintiff New Bedford Golden Triangle, LLC’s Request for Monetary Sanctions is DENIED.

Defendant MedSpa Beverly Hills to give notice. 

REASONING

Defendant MedSpa Beverly Hills (“Defendant”) moves the Court for an order compelling Plaintiff New Bedford Golden Triangle, LLC (“Plaintiff”) to comply with a demand for a inspection of the subject premises pursuant to Code of Civil Procedure section 2031.010. Plaintiff opposes the motion on the ground that it has agreed to an inspection of the premises, but Defendant unilaterally set a date for inspection at a time when Plaintiff’s counsel was out of town, refused to discuss mutually beneficial scheduling for the site inspection, and rush to file this motion without good faith efforts to meet and confer. 

Code of Civil Procedure section 2031.010, subdivision (a), provides that “[a]ny party may obtain discovery . . . by inspecting, copying, testing, or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action.” “A party may demand that any other party produce and permit the party making the demand, or someone acting on the demanding party’s behalf, to inspect and to photograph, test, or sample any tangible things that are in the possession, custody, or control of the party on whom the demand is made,” and “[a] party may demand that any other party allow the party making the demand, or someone acting on the demanding party’s behalf, to enter on any land or other property that is in the possession, custody, or control of the party on whom the demand is made, and to inspect and to measure, survey, photograph, test, or sample the land or other property, or any designated object or operation on it.” (Code Civ. Proc., § 2031.010, subds. (c), (d).)

If a party that has propounded a demand for inspection believes that the response received is evasive or incomplete, or that an objection to the demand is without merit or too general, the propounding party may bring a motion to compel further responses to the demand. (Code Civ. Proc., § 2031.310, subd. (a).) A motion to compel further responses must be accompanied by a meet and confer declaration under Code of Civil Procedure section 2016.040. (See Code Civ. Proc., § 2031.310, subd. (b)(2).) A meet and confer declaration must “state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc., § 2016.040.) California Rules of Court, rule 3.1345(a) requires that any motion to compel further responses to discovery contain a separate statement with the text of each request, the response, and a statement of factual and legal reasons for compelling further.

Reference to Plaintiff’s objection shows that the objections go beyond merely objecting to the date of the inspection. Plaintiff objected on the ground that Defendant was misusing the discovery process because it was taking inconsistent positions on the premises’ safety, and the demand was overly burdensome, but Plaintiff also stated in the objection that it was willing to accommodate the inspection request if Defendants MedSpa Beverly Hills and Melanie Paige Speed agreed to appear for their deposition at the location, waive any claims that the location is unsafe, and proceed with the deposition on site as originally noticed. (Mot., Sussam Decl. ¶ 4, Ex. 2.) Plaintiff’s statement that it agreed to an inspection of the premises is misleading, as it only agreed under certain circumstances. It is also evident in the communication provided with the motion that defense counsel attempted to determine whether Plaintiff would agree to the inspection, but Plaintiff’s counsel did not meaningfully engage in conversation with defense counsel to come to an agreement on the inspection. The parties agree that inspection is warranted. (Mot., Sussman Decl. ¶ 7, Ex. 5.) Thus, the Court finds it proper to order an inspection, and it will not impose conditions on that inspection. Accordingly, Defendant MedSpa Beverly Hills’ Motion to Compel Compliance with Defendant’s Demand for Inspection of Property is GRANTED. The parties shall meet and confer to set an inspection date to occur within sixty (60) days of entry of this order.

If a motion to compel an inspection is filed, the Court shall impose a monetary sanction against the losing party “unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc., § 2031.300, subd. (c).) The Court finds that monetary sanctions are warranted here. While Plaintiff’s counsel states that he was not available for the date of the inspection, this does not excuse his failure to meaningfully engage with defense counsel to determine a later date for the inspection without coupling it with conditions. Further, the Court finds that the amount of time expended on this motion, five hours, at the rate of $300 per hour, plus one filing fee, is reasonable. Thus, Defendant MedSpa Beverly Hills’ Request for Monetary Sanctions is GRANTED in the amount of $1,560, payable by Plaintiff New Bedford Golden Triangle, LLC and Plaintiff’s counsel to Defendant MedSpa Beverly Hills and defense counsel within thirty (30) days of entry of this order.