Judge: Martha K. Gooding, Case: 2021-01220222, Date: 2022-12-05 Tentative Ruling

Motion to Compel Production

The unopposed Motion by Defendant Sustainable Living Solutions, Inc. to compel Plaintiff Lauren Palmer (“Plaintiff”) to provide further responses to Defendant’s request for production of documents is GRANTED.

Plaintiff is ordered to serve further responses within 15 days of this ruling, as indicated below.

Defendant propounded requests for production of documents on Plaintiff on 12/30/21. 

On 5/16/22, Plaintiff was ordered by the Court to serve verified responses without objection. (ROA 65.) 

When Plaintiff did not comply, Defendant filed a motion for terminating sanctions. 

Thereafter, Plaintiff finally responded to the discovery on 8/22/22.

Defendant met and conferred regarding the responses, which included objections in violation of Court’s 5/16/22 order and also failed to identify which documents corresponded with which demand.  As of the time of the filing of this motion, Defendant had yet to receive any further responses. (Ho Decl., Para. 2-7.)

Section 2031.280(a) of the Code of Civil Procedures provides: “Any documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond.”  Plaintiff’s responses do not comply with this.

There is no opposition.  Defendant has shown it is entitled to further responses that comply with the Court’s prior order, as well as the Code of Civil Procedure.  The Motion is therefore granted.

Defendant is awarded sanctions in the amount of $1,735,00 from Plaintiff and her counsel, to be paid within 30 days of notice of this Order. (Code Civ. Proc., § 2031.310(h).)

Defendant is ordered to give notice.