Judge: Lisa R. Jaskol, Case: 19STCV24513, Date: 2024-02-16 Tentative Ruling
Case Number: 19STCV24513 Hearing Date: February 21, 2024 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On July 12, 2019, Plaintiffs Juan Galvan Jimenez (“Juan Jimenez”), Maria Galvan (“Maria Galvan”), and Ricardo Jimenez (“Ricardo Jimenez”) filed suit against Defendants Smart and Final Stores, Inc., and Does 1-10 for general negligence, premises liability, and negligent infliction of emotional distress.
On January 4, 2022, Plaintiffs amended the complaint to include Defendant Apollo Management III, LP ("Apollo") as Doe 1. On October 12, 2022, the Court dismissed Apollo without prejudice at Plaintiffs’ request.
On July 27, 2022, Defendant Smart & Final Stores LLC (erroneously sued as Smart and Final Stores, Inc.) (“Defendant”) filed an answer.
On July 3, 2023, the Court granted Defendant’s unopposed motions to compel Juan Jimenez to respond to (1) form interrogatories, set one, (2) special interrogatories, set one, and (3) request for production, set one.
On July 7, 2023, the Court granted Defendant’s unopposed motions to compel Ricardo Jimenez and Maria Galvan to respond to (1) form interrogatories, set one, (2) special interrogatories, set one, and (3) request for production, set one.
On August 11, 2023, the Court dismissed the complaint filed by Maria Galvan and Ricardo Jimenez with prejudice at Plaintiffs’ request.
On February 16, 2024, the Court granted Defendant’s unopposed motion to compel Juan Jimenez’s responses to supplemental request for production of documents, set one, and supplemental interrogatories, set one. The Court denied Defendant’s motion to deem admitted matters specified in requests for admission, set one.
On January 22, 2024, Defendant filed a motion to compel Juan Jimenez’s responses to form interrogatories, set two. On January 23, 2024, Defendant filed motions to compel Juan Jimenez’s responses to request for production, set two, and special interrogatories, set two. The motions were set for hearing on February 21, 2024. Juan Jimenez has not filed oppositions.
Trial is currently scheduled for April 30, 2024.
PARTY’S REQUESTS
Defendant asks the Court to compel Juan Jimenez’s responses to (1) request for production of documents, set two, (2) special interrogatories, set two, and (3) form interrogatories, set two. Defendant also asks the Court to award sanctions.
LEGAL STANDARD
A. Inspection demand
Code of Civil Procedure section 2031.300 provides:
“If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply:
“(a) The party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:
“(1) The party has subsequently served a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280.
“(2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.
“(b) The party making the demand may move for an order compelling response to the demand.
“(c) Except as provided in subdivision (d), the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to a demand for inspection, copying, testing, or sampling, 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. If a party then fails to obey the order compelling a response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to this sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).
“(d) (1) Notwithstanding subdivision (c), absent exceptional circumstances, the court shall not impose sanctions on a party or any attorney of a party for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as a result of the routine, good faith operation of an electronic information system.
“(2) This subdivision shall not be construed to alter any obligation to preserve discoverable information.”
(Code Civ. Proc., § 2031.300.)
B. Interrogatories
Code of Civil Procedure section 2030.290 provides:
“If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply:
“(a) The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:
“(1) The party has subsequently served a response that is in substantial compliance with Sections 2030.210, 2030.220, 2030.230, and 2030.240.
“(2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.
“(b) The party propounding the interrogatories may move for an order compelling response to the interrogatories.
“(c) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, 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. If a party then fails to obey an order compelling answers, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).”
(Code Civ. Proc., § 2030.290.)
DISCUSSION
On November 28, 2023, Defendant served (1) request for production of documents, set two, (2) special interrogatories, set two, and (3) form interrogatories, set two, on Juan Jimenez.
Juan Jimenez did not provide timely responses. Defendant filed motions to compel responses on January 22, 2024 and January 23, 2024.
On January 23, 2024, Juan Jimenez’s counsel served responses to Defendant’s special interrogatories, set two. Defendant asserts that the responses are “defective, non-responsive, and riddled with inconsistencies.” The attached verification states that it was “Executed this Friday ___ of JANUARY 2023 at Lancaster, CA,” even though Defendant served the special interrogatories in November 2023. The Court finds that, as the result of the defective verification, Juan Jimenez’s response is the equivalent of no response.
The Court denies Defendant’s requests for sanctions. Sanctions are available against “any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to a demand for inspection, copying, testing” (Code Civ. Proc., § 2031.300, subd. (c)) and “any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories” (Code Civ. Proc., § 2030.290, subd. (c)). Juan Jimenez did not make or oppose a motion to compel.
CONCLUSION
The Court GRANTS Defendant Smart and Final Stores LLC’s motion to compel Plaintiff Juan Galvan Jimenez’s responses to request for production of documents, set two, and orders Plaintiff Juan Galvan Jimenez to provide verified code-compliant responses and to produce the documents, electronically stored information, and/or other things requested without objections by March 4, 2024.
The Court GRANTS Defendant Smart and Final Stores LLC’s motion to compel Plaintiff Juan Galvan Jimenez’s responses to special interrogatories, set two, and orders Plaintiff Juan Galvan Jimenez to provide verified code-compliant responses to the special interrogatories without objections by March 4, 2024.
The Court GRANTS Defendant Smart and Final Stores LLC’s motion to compel Plaintiff Juan Galvan Jimenez’s responses to form interrogatories, set two, and orders Plaintiff Juan Galvan Jimenez to provide verified code-compliant responses to the form interrogatories without objections by March 4, 2024.
The Court DENIES Defendant Smart and Final Stores LLC’s requests for sanctions.
Moving party is ordered to give notice of this ruling.
Moving party is ordered to file the proof of service of this ruling with the Court within five days.