Judge: Lynne M. Hobbs, Case: 21STCV46538, Date: 2024-01-18 Tentative Ruling

Case Number: 21STCV46538    Hearing Date: February 23, 2024    Dept: 30

EZEQUIEL SANTOS vs MIRIAM LEBENTAL

TENTATIVE 

Plaintiff's Motion to Compel Further Responses to Requests for Production of Documents (Set One) is GRANTED. Defendant must provide code-compliant further responses within 20 days of this Order. Moving party to give notice.

Discussion

A response stating inability to comply with the California Civil Procedure § 2031.010 demand shall state the following: (1) that a diligent search and reasonable inquiry has been made in an effort to locate the item demanded; and (2) the reason the party is unable to comply. The reason the party is unable to comply shall be either because the responsive documents or things (1) never existed, (2) have been lost or stolen, (3) have been destroyed, or (4) are not in the possession, custody or control of the responding party, in which case, the response must state the name and address of anyone believed to have the document (CCP § 2031.230).

Defendant must respond with code compliant responses addressing all of the factors, including the reason she is unable to comply by obtaining the records from her cellular carrier.