Judge: Lisa R. Jaskol, Case: 23STCV06383, Date: 2024-12-09 Tentative Ruling

Case Number: 23STCV06383    Hearing Date: December 9, 2024    Dept: 28

Having considered the moving papers, the Court rules as follows.  

BACKGROUND 

On March 22, 2023, Plaintiff Deon Evins (“Plaintiff”) filed this action against Defendants California Commerce Club, Inc. (“Club”), The Commerce Casino and Hotel (“Casino”), and Does 1-20 for general negligence and intentional tort. 

On June 20, 2024, Club filed an answer. 

On August 21, 2024, the Court granted Plaintiff’s counsel’s motion to be relieved as counsel. 

On October 15, 2024, Club filed (1) a motion to compel Plaintiff’s responses to demand for production of documents, set one, to be heard on December 9, 2024 (2) a motion to compel Plaintiff’s responses to special interrogatories, set one, to be heard on December 6, 2024, and (3) a motion to compel Plaintiff’s responses to form interrogatories, set one, to be heard on December 9, 2024.  Plaintiff did not file oppositions.  The Court continued the hearing on the motion to compel Plaintiff’s responses to special interrogatories to December 9, 2024.  

Trial is currently scheduled for March 18, 2025. 

PARTY’S REQUESTS 

Club asks the Court to compel Plaintiff’s responses to demand for production of documents, set one, special interrogatories, set one, and form interrogatories, set one. 

LEGAL STANDARD 

A.   Inspection demand 

 “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 

“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 September 3, 2024, Club served demand for production of documents, set one, special interrogatories, set one, and form interrogatories, set one, on Plaintiff.  Plaintiff did not provide timely responses and had not provided responses by the time Club filed these motions. 

The Court grants Club’s motion to compel Plaintiff’s responses to demand for production of documents, set one, and orders Plaintiff to serve verified code-compliant responses to the demand for production of documents without objections and to produce the documents, electronically stored information, and/or other things requested without objections by January 8, 2025. 

The Court grants Club’s motion to compel Plaintiff’s responses to special interrogatories, set one, and orders Plaintiff to serve verified code-compliant responses to the special interrogatories without objections by January 8, 2025. 

The Court grants Club’s motion to compel Plaintiff’s responses to form interrogatories, set one, and orders Plaintiff to serve verified code-compliant responses to the form interrogatories without objections by January 8, 2025. 

CONCLUSION 

The Court GRANTS Defendant California Commerce Club, Inc.’s motion to compel Plaintiff Deon Evins’s responses to demand for production of documents, set one, and orders Plaintiff Deon Evins to serve verified code-compliant responses to the demand for production of documents without objections and to produce the documents, electronically stored information, and/or other things requested without objections by January 8, 2025. 

The Court GRANTS Defendant California Commerce Club, Inc.’s motion to compel Plaintiff Deon Evins’s responses to special interrogatories, set one, and orders Plaintiff Deon Evins to serve verified code-compliant responses to the special interrogatories without objections by January 8, 2025. 

The Court GRANTS Defendant California Commerce Club, Inc.’s motion to compel Plaintiff Deon Evins’s responses to form interrogatories, set one, and orders Plaintiff Deon Evins to serve verified code-compliant responses to the form interrogatories without objections by January 8, 2025. 

Moving party is ordered to give notice of these rulings. 

Moving party is ordered to file the proof of service of this ruling with the Court within five days.