Judge: Lisa R. Jaskol, Case: 22STCV29641, Date: 2024-02-14 Tentative Ruling
Case Number: 22STCV29641 Hearing Date: February 16, 2024 Dept: 28
Having reviewed the moving papers, the Court rules as follows.
BACKGROUND
On September 12, 2022, Plaintiff Kevin Desett (“Plaintiff”) filed this action against Defendants Matt Construction Corporation (“Defendant”), Window Installation Specialists, Inc. (“Specialist”), Douglas Emmett 1995, LLC (“Emmett”), and Does 1-100 for general negligence and premises liability.
On November 14, 2022, Defendant, Specialist, and Emmett filed an answer.
Also on November 14, 2022, Defendant, Specialist, and Emmett filed separate cross-complaints against Cross-Defendants Roes 1-50 for equitable indemnity, apportionment, contribution, implied indemnity, and declaratory relief.
On January 10, 2024, Plaintiff filed a motion to compel Defendant's further responses to request for production of documents, set one, and for sanctions, to be heard on February 16, 2024. Defendant has not filed an opposition.
Trial is currently scheduled for February 18, 2025.
PROCEDURAL REQUIREMENTS
A. Informal Discovery Conference
The Eighth Amended Standing Order for Procedures in the Personal Injury Hub Courts Effective October 10, 2022 (filed September 20, 2022), ¶ 9E, provides: “PI Hub Courts will not hear Motions to Compel Further Discovery Responses to Discovery until the parties have engaged in an Informal Discovery Conference (IDC). PI Hub Courts may deny or continue a Motion to Compel Further Responses to Discovery if parties fail to schedule and complete an IDC before the scheduled hearing on a Motion to Compel Further Responses to Discovery.”
Plaintiff scheduled and appeared for an IDC on November 22, 2023. Defendant did not appear. The Court took the IDC off calendar and ruled that Plaintiff had satisfied his IDC obligation.
B. Timeliness of motion
A notice of motion to compel further responses must be given within 45 days of the service of the responses, or any supplemental responses, or on or before any specific later date to which the parties have agreed in writing. (Code Civ. Proc., § 2033.290, subd, (c).) Failure to file a motion within this time period constitutes a waiver of any right to compel further responses to requests for admission.
On January 10, 2024, Plaintiff filed a motion to compel Defendant’s further responses to request for production of documents, set one, and for sanctions. Defendant has not filed an opposition or disputed the timeliness of the motion.
C. Meet and confer
“A motion to compel must be accompanied by a meet and confer declaration under Code of Civil Procedure section 2016.040.” (Code Civ. Proc., §§ 2030.300, subd. (b)(1); 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.)
Plaintiff has provided a meet and confer declaration. Defendant does not contest the adequacy of Plaintiff’s meet and confer efforts.
D. Separate statement
With exceptions that do not apply here, California Rules of Court, rule 3.1345, requires that any motion involving the content of discovery contain a separate statement with the text of each request, the response, and a statement of factual and legal reasons for why an order compelling further responses is warranted.
Plaintiff has provided a meet and confer declaration. Defendant has not filed an opposition or disputed the adequacy of Plaintiff’s meet and confer efforts.
Code of Civil Procedure section 2031.310 provides in part:
“(a) On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply:
“(1) A statement of compliance with the demand is incomplete.
“(2) A representation of inability to comply is inadequate, incomplete, or evasive.
“(3) An objection in the response is without merit or too general.
“(b) A motion under subdivision (a) shall comply with each of the following:
“(1) The motion shall set forth specific facts showing good cause justifying the discovery sought by the demand.
“(2) The motion shall be accompanied by a meet and confer declaration under Section 2016.040.
“(3) In lieu of a separate statement required under the California Rules of Court, the court may allow the moving party to submit a concise outline of the discovery request and each response in dispute.
“(c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the demanding party and the responding party have agreed in writing, the demanding party waives any right to compel a further response to the demand.
* * *
(Code Civ. Proc., § 2031.310, subds. (a), (b), (c), (h).)
DISCUSSION
Plaintiff’s motion to compel Defendant’s further responses to request for production of documents, set one
Propounded: March 31, 2023
Responses: August 18, 2023
Supplemental responses: November 1, 2023
Motion filed: January 10, 2024
Defendant did not submit an opposition to Plaintiff's motion and Defendant's counsel did not attend the February 16, 2024 hearing on the motion. Based on Plaintiff's moving papers and the argument from Plaintiff's counsel on February 16, 2024, the Court grants Plaintiff's motion and orders Defendant Matt Construction Corporation to provide further verified, code-compliant responses to request for production numbers 98 and 99 and to produce the documents, electronically stored information, and/or other things requested in request for production numbers 98 and 99 by March 17, 2024.
CONCLUSION
The Court GRANTS Plaintiff Kevin Desett’s motion to compel Defendant Matt Construction Corporation’s further responses to request for production of documents, set one, numbers 98 and 99. The Court orders Defendant Matt Construction Corporation to provide further verified, code-compliant responses to request for production numbers 98 and 99 and to produce the documents, electronically stored information, and/or other things requested in request for production numbers 98 and 99 by March 17, 2024.
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.