Judge: Mark E. Windham, Case: 22STLC03662, Date: 2023-02-06 Tentative Ruling
Case Number: 22STLC03662 Hearing Date: February 6, 2023 Dept: 26
MOTION
TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR
SANCTIONS
(CCP
§§ 2031.300, 2023.010)
TENTATIVE RULING:
Plaintiff Eduardo Berlioz’s Motion
to Compel Responses to Request for Production of Documents, Set One, and Request
for Sanctions is DENIED WITHOUT PREJUDICE.
ANALYSIS:
On June 22, 2022, Plaintiff Eduardo Berlioz (“Plaintiff”)
served Request for Production of Documents, Set One, on Defendant Julian
Alberto Mena Correa (“Defendant”). (Motion,
Montakab Decl., Exh. A.) Despite a meet and confer effort extending the
deadline to respond to the requests, Defendant has not served responses. (Id.
at ¶¶4-5 and Exh. C.) Plaintiff filed the instant Motion to Compel Responses to
Request for Production of Documents, Set One, and Request for Sanctions, on
September 2, 2022. No opposition to the Motion has been filed to date.
Discussion
The Court finds that the discovery requests served on
Defendant 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. (Code Civ. Proc., § 94, subd. (a).) The Court previously determined that
Plaintiff served more than 35 requests on Defendant. (Minute Order, 11/03/22.)
Based on the foregoing, the discovery motion is denied. The Court will not
grant a motion to compel discovery propounded in violation of the Code of Civil
Procedure.
Conclusion
Plaintiff Eduardo Berlioz’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.