Judge: Melissa R. Mccormick, Case: Jiang v. Bai, Date: 2022-09-01 Tentative Ruling

Defendant and Cross-complainant Haotian Bai’s Motion to Compel Further Responses to Form Interrogatories

Defendant Haotian Bai moves to compel cross-defendant Kevin Liu to provide a further response to Form Interrogatory (Set One) No. 15.1.  For the following reasons, Bai’s motion is granted.

Form Interrogatory No. 15.1 asks the responding party to identify each material allegation and each special or affirmative defense in the party’s pleadings and for each:  (a) state all facts upon which the party bases its denial or special or affirmative defense; (b) state the names, addresses, and telephone numbers of all persons who have knowledge of those facts; and (c) identify all documents and other tangible things that support the party’s denial or special or affirmative defense, and state the name, address, and telephone number of the person who has each document.

Liu objected the form interrogatory (i) is vague, overbroad, and ambiguous, and requires Liu to speculate as to its meaning; (ii) seeks information protected by the attorney-client privilege and/or the attorney work product protection; (iii) is vague as to time; (iv) seeks legal conclusions; (v) seeks information protected by third party privacy rights; (vi) seeks information equally available to Bai; (vii) is burdensome and oppressive and “calls for speculation as to [the] meaning of records”; (viii) seeks irrelevant information; and (ix) seeks “duplicitous information.”  Liu further responded:  “Respondent has answered Cross-Complainant’s Complaint with a general denial and basic affirmative defenses as is its right pursuant to the [C]ode of [C]ivil [P]rocedure.  Discovery has just begun, and Respondent will supplement this response if necessary when further facts and/or documents are later discovered.”

In his opposition Liu has not substantiated any of his objections to Form Interrogatory No. 15.1, and Liu’s response does not answer the question posed.  Bai’s motion compel is granted.  Liu shall serve a further, complete, verified, Code-compliant response to Form Interrogatory No. 15.1 by September 12, 2022.

Bai’s request for sanctions is granted.  Cross-defendant Kevin Liu shall pay sanctions in the amount of $935.00 to cross-complainant Haotian Bai by September 12, 2022.

Liu’s request for sanctions is denied.

Bai to give notice.