Judge: Maurice A. Leiter, Case: 20STCV48660, Date: 2022-09-16 Tentative Ruling

Case Number: 20STCV48660    Hearing Date: September 16, 2022    Dept: 54

Hearing Date: September 16, 2022

Department 54, Judge Maurice A. Leiter

Motion to Compel Further Responses to Discovery

Moving Party: Plaintiff J.E. Group, LLC

Responding Party: Defendants CSM Sycamore, LLC, Capital Stone Management, Inc. and Cole Harris

T/R:     PLAINTIFF’S MOTION IS DENIED AS MOOT.

THE PARTIES’ REQUESTS FOR SANCTIONS ARE DENIED.

            PLAINTIFF TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers, opposition, and reply.

BACKGROUND

                        On December 21, 2020, Plaintiffs J.E. Group, LLC and 1999 Sycamore, LLC sued Defendants CSM Sycamore, LLC, Capital Stone Management, Inc., and Cole Harris. This action arises out of a joint venture to acquire real property. Plaintiffs allege Defendants improperly encumbered the property.

ANALYSIS

The moving party on a motion to compel further responses to requests for production of documents (“RPDs”) must submit “specific facts showing good cause justifying the discovery sought by the inspection demand.”  (CCP § 2031.310(b)(1).)  If the moving party has shown good cause for the RPDs, the burden is on the objecting party to justify the objections.  (Kirkland v. Sup.Ct (2002) 95 Cal. App.4th 92, 98.) 

Plaintiff moves to compel further responses to requests for production of documents. In opposition, Defendant asserts that further responses were served on August 4, 2022, before this motion was filed. In reply, Plaintiff states that it did not receive the August 4, 2022 responses, but acknowledges receipt of further responses served on August 26, 2022. Plaintiff asserts the responses remain deficient.

As Defendant has served further responses, the motion is MOOT. The Court will not consider the sufficiency of these responses before the parties meaningfully meet and confer about them.