Judge: Matthew C. Braner, Case: 37-2023-00021510-CU-PO-CTL, Date: 2024-05-10 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 09, 2024

05/10/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  PI/PD/WD - Other Discovery Hearing 37-2023-00021510-CU-PO-CTL ABBAS VS SD FLY VENTURES LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Ashraf Abbas's motion to compel further responses to requests for production nos. 17 and 18 to Defendant Sky Zone LLC is GRANTED. The request for sanctions is denied.

Plaintiff's motion to compel compliance pursuant to Code of Civil Procedure section 2031.320(a) will not be heard, as Plaintiff failed to reserve a separate hearing for the motion.

(See San Diego Superior Court Local Rule 2.1.19.A ['Failure to reserve a date for hearing will result in the demurrer, motion, ex parte application, or order to show cause hearing not being heard.'].) The court will set a new hearing date for the motion and will order the parties to meet and confer prior to the hearing. The court also reminds the parties that it is available for informal discovery conferences, which can be scheduled during ex parte hours by calling the calendar clerk.

Plaintiffs seeks to compel further response from Defendant to requests for production ('RFP') nos. 17 and 18. RFP no. 17 requests all documents for the last five years that 'REFLECT OR REFER TO all prior injuries suffered on any 'warped wall' attraction.' RFP no. 18 requests all documents 'including incident reports, memos, and/or emails, concerning ANY injuries related to ANY warped wall for ANY trampoline park owned by YOU or a franchisee of YOURS, from January 1, 2018 to the present.' As to RFP no. 17, Defendant responded with only objections, including based on privilege and overbreadth.

As to RFP no. 18, Defendant objected to the request but also stated it could not comply after performing a diligent search and reasonable inquiry, as the requested documents have never been in Defendant's possession, custody, or control.

On their face, RFP nos. 17 and 18 are overbroad. Defendant's counsel attests that Defendant is a franchisor for over 350 trampoline parks spread across North and South America, Europe, Asia, and Africa, and most of these parks are owned and operated by individual franchisees. As a consequence, RFP nos. 17 and 18 are also unduly burdensome as phrased, as they would necessitate extremely time consuming and overly burdensome park-by-park inquiry and investigation to find and locate responsive documents.

However, Plaintiff's counsel attests that over the course of substantial meet and confer efforts, Plaintiff has limited the requests solely to injury reports and communications and analyses associated with those injury reports sent to Defendant by individual franchisees, and therefore possessed and controlled by Defendant. Plaintiff presents evidence that Defendant has a policy of requiring its franchisees to send it injury reports, and it compiles these reports to centralize data and track trends. Defendant's opposition ignores this policy or practice.

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3089655  12 CASE NUMBER: CASE TITLE:  ABBAS VS SD FLY VENTURES LLC [IMAGED]  37-2023-00021510-CU-PO-CTL The limitation described by Plaintiff is reasonable, and his expectation that responsive documents exist and are possessed by Defendant is also reasonable in light of the evidence presented. Consequently, Defendant will be compelled to provide further verified responses to RFP nos. 17 and 18, framed by the limitations described above. To the extent Defendant asserts the injury reports and associated documents are no longer in its possession, custody, or control, the court expects it to provide a thorough explanation in its further responses.

Accordingly, Defendant Sky Zone LLC is compelled to provide verified further responses to RFP nos. 17 and 18, no later than May 24, 2024.

A hearing for Plaintiff's motion to compel compliance with compliance statement will be set for June 21, 2024 at 9:00 a.m. in this department.

The minute order is the order of the court.

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