Judge: Lynne M. Hobbs, Case: 21STCV42546, Date: 2023-11-17 Tentative Ruling

Case Number: 21STCV42546    Hearing Date: November 17, 2023    Dept: 30

GREG GARDNER vs PRIME PROPERTY FUND, LLC, et al.

Motion to Compel Compliance with Request for Production of Documents (Set One) 

TENTATIVE

The Motion to Compel Compliance with Request for Production filed by Defendant Almar Management, Inc. is DENIED. Request for Sanctions is DENIED. Moving party to give notice.

DISCUSSION

On October 26, 2022, Defendant served its Request for Production, Set One on Plaintiff. (Marti Decl., ¶ 3, Exh. 2.) Plaintiff responded to the Request for Production on January 20, 2023. (Id. at ¶ 4, Exh. 3.) Plaintiff stated that he will produce all documents responsive to requests nos. 29, 30, 31, and 32. (Id.) No responsive documents were produced. (Id., ¶ 5.)

In opposition, Plaintiff argues, Defendant failed to meaningfully meet and confer; the time to compel has lapsed; Plaintiff timely responded; Defendant’s Motion is untimely pursuant to Code of Civil Procedure section 2030; Defendant never secured an informal discovery conference (IDC); and Defendant and its counsel are acting with unclean hands and abusing the discovery process for the past year re their failure to timely prosecute said claims.

The Court notes that Defendant’s counsel offers no evidence in support of its arguments since no declaration along with the supporting evidence are filed. Neither does Plaintiff offer a declaration. However, since the Defendant is the moving party, it carries the burden on this motion.