Judge: Mark C. Kim, Case: 22LBCV00367, Date: 2023-05-18 Tentative Ruling

Case Number: 22LBCV00367    Hearing Date: May 18, 2023    Dept: S27

1.     Background Facts

Plaintiff, John Doe L.A. filed this action against Defendants, LBUSD and Julio Flores for damages arising out of alleged sexual abuse that occurred while Plaintiff was a student at the District.  Flores was the employee who allegedly perpetrated the abuse. 

2.     Motion to Compel Further Responses

a.     Insurance Policies

Plaintiff’s RPD 1 seeks production of the “complete policies of insurance” that may provide coverage for the incident at issue.  Defendant responded that it would allow production in whole of the subject policy.  Defendant then produced the declarations page from its insurance policy with the Alliance of Schools for Cooperative Insurance Programs. 

Plaintiff, in its moving papers, contends the District’s response to RPD 1 directly contradicts its response to form interrogatories, wherein it stated that it is insured both by ASCIP and also through a Joint Powers Authority in accordance with Gov Code §990.  Plaintiff also contends the District acted improperly in only providing the declarations page or its ASCIP policy, as opposed to the entire policy.

The District, in opposition, contends it provided the only document required, which is its declarations page, and also that it is not required to produce any documents relating to any excess or re-insurer. 

Both parties have erred in connection with this motion.  Plaintiff has erred by filing a motion to compel further responses, as opposed to a motion to compel production of documents.  A motion to compel further responses is governed by CCP §2031.310, whereas a motion to compel production is governed by §2031.320.  In this case, it is not clear what further response Defendant could give.  It stated it would produce all documents in its custody and control.  It is, however, clear that Defendant could produce additional documents, as the RPD, on its face, does not seek only the declarations page and covers ALL policies of insurance.  Defendant, in its response, did not state objections or conditions to its production.  It promised to produce all documents. 

The Court cannot grant a motion that is not before it, but advises the parties that there is no time limit on a motion to compel production per §2031.320, and if one were filed, it would likely be granted.  The Court asks the parties to meet and confer in an attempt to resolve any issues relating to production of the insurance policies that potentially cover Plaintiff’s claims.

b.     Flores

The remaining documents at issue are Flores’s personnel file and related documents.  The District indicates it does not object to producing them, but needs a court order in order to do so lawfully. The District responded to the RPDs by interposing privacy objections on behalf of Flores and indicating it will produce all relevant documents upon issuance of a court order requiring it to do so.   In light of the District’s position, the Court orders the District to produce all of the requested documents. 

c.     Sanctions

Neither party seeks imposition of sanctions and none are imposed. 

Plaintiff is ordered to give notice. 

Parties who intend to submit on this tentative must send an email to the court at gdcdepts27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If any party does not submit on the tentative, the party should make arrangements to appear remotely at the hearing on this matter.