Judge: Mark E. Windham, Case: 21STLC05242, Date: 2022-12-20 Tentative Ruling

Case Number: 21STLC05242    Hearing Date: December 20, 2022    Dept: 26

Hilton, et al. v. Latorre, et al.

MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS

(CCP §§ 2031.300, 2023.010)

TENTATIVE RULING:  

Defendant Chris Latorre’s Motion to Compel Responses to Request for Production of Documents, Set One and Request for Sanctions is DENIED WITHOUT PREJUDICE.

ANALYSIS:

On July 8, 2022, Defendant Chris Latorre (“Defendant”) served Request for Production of Documents, Set One, on Plaintiff Roslind Hilton (“Plaintiff Roslind Hilton”). (Motion, Smith Decl., Exh. A.) Despite a meet and confer effort extending the deadline to respond to the requests, Plaintiff Roslind Hilton has not served responses. (Id. at ¶¶4-5 and Exh. B.) Defendant filed the instant Motion to Compel Responses to Request for Production of Documents, Set One; and Request for Sanctions, on November 21, 2022. No opposition to the Motion has been filed to date.

As the Court previously found, the discovery requests served on Plaintiff Roslind Hilton do not comply with Code of Civil Procedure section 94, which limits the number of written discovery requests to 35 in the limited jurisdiction court. (Minute Order, 12/19/22 [citing Code Civ. Proc., § 94, subd. (a)].) Defendant has served more than 35 requests on Plaintiff Roslind Hilton. (Motion, Smith Decl., Exh. A.) Therefore, the discovery motion is denied. The Court will not grant motions to compel discovery propounded in violation of the Code of Civil Procedure.

Conclusion

Defendant Chris Latorre’s Motion to Compel Responses to Request for Production of Documents, Set One and Request for Sanctions is DENIED WITHOUT PREJUDICE.

Court clerk to give notice.