Judge: Mark E. Windham, Case: 23STLC01716, Date: 2024-11-25 Tentative Ruling

Case Number: 23STLC01716    Hearing Date: November 25, 2024    Dept: 26

TENTATIVE RULING:             

Plaintiff X-Tream Cleaning Service, Inc.’s (1) Motion to Compel Responses to Special Interrogatories, and Request for Sanctions; and (2) Motion to Compel Responses to Request for Production of Documents, and Request for Sanctions, are DENIED. 

ANALYSIS:

On March 14, 2023, Plaintiff X-Tream Cleaning Service, Inc. filed the instant action for breach of contract against Defendant Royal Personal Training (“Defendant”). On February 21, 2024, the Court granted Plaintiff’s Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions. (Minute Order, 02/21/24.) Plaintiff filed a Motion to Compel Discovery Responses and Request for Sanctions, which came for hearing on October 22, 2024. The Court noted a number of defects with the Motion to Compel, including improperly filing a single discovery motion to compel responses with respect to four separate sets of discovery and failing to attach copies of the discovery requests served on Defendant. (Minute Order, 10/22/24.)

Plaintiff filed a supplemental declaration on October 22, 2024 and additional notices of motion demonstrating that these defects have been corrected.

Discussion 

Plaintiff moves to compel Defendant’s initial responses to Special Interrogatories, Set Two, and Requests for Production, Set Two, pursuant to Code of Civil Procedure sections 2030.290 and 2031.300. (Notices of Motion, filed 10/29/24, p. 1:24-26.)

However, the discovery requests propounded by Plaintiff are in violation of Code of Civil Procedure section 94, subdivision (4), which limits the combined number of interrogatories, requests for production, and requests for admission that a party may propound in the limited jurisdiction court to 35, unless allowed by court order. (Code Civ. Proc., § 94, subd. (a), § 95.) No court order for additional discovery has been issued in this action yet Plaintiff propounded a total of 49 special interrogatories and requests for production of documents on Defendant. (Motion, Supp. Hurt Decl., Exh. A.) The Court declines to compel responses to discovery propounded in violation of the Code of Civil Procedure. 

Conclusion

Plaintiff X-Tream Cleaning Service, Inc.’s (1) Motion to Compel Responses to Special Interrogatories, and Request for Sanctions; and (2) Motion to Compel Responses to Request for Production of Documents, and Request for Sanctions, are DENIED.

Court clerk to give notice.