Judge: Maurice A. Leiter, Case: 21STCV32131, Date: 2023-11-27 Tentative Ruling

Case Number: 21STCV32131    Hearing Date: November 27, 2023    Dept: 54

Hearing Date: November 27, 2023

Department 54, Judge Maurice A. Leiter

Motion to Compel Compliance

Moving Party: Plaintiff Derrick R. Upchurch

Responding Party: Defendant BC Design and Development

T/R:     PLAINTIFF’S MOTION TO COMPEL COMPLIANCE IS GRANTED.

DEFENDANT TO SERVE ALL RESPONSIVE DOCUMENTS, AND/OR A SWORN STATEMENT THAT ALL RESPONSIVE DOCUMENTS IN DEFENDANT’S POSSESSION AND CONTROL HAVE BEEN SERVED, WITHIN 30 DAYS OF NOTICE OF RULING.

PLAINTIFF’S REQUEST FOR SANCTIONS IS 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.

CCP § 2031.320(a) provides “[i]f a party filing a response to a demand for inspection, copying, testing, or sampling. . . thereafter fails to permit the inspection, copying, testing, or sampling in accordance with that party's statement of compliance, the demanding party may move for an order compelling compliance.”

Plaintiff Derrick R. Upchurch moves to compel Defendant BC Design and Development’s compliance with the statement of compliance in response to requests for production of documents. Plaintiff asserts Defendant has failed to produce all responsive documents as evidenced by a supplemental document production during Defendant’s PMK deposition. Defendant asserts all responsive documents have been served and that discovery is ongoing.

As the parties dispute whether all responsive documents have been served, the Court will order Defendant to provide all responsive documents and/or a sworn statement that all responsive documents in Defendant’s possession and control have been served, within 30 days of notice of ruling. The Court declines to award sanctions because there is no evidence of bad faith or willful disregard of discovery obligations.