Judge: Melissa R. Mccormick, Case: Jiang v. Bai, Date: 2022-11-03 Tentative Ruling

Defendant and Cross-complainant Haotian Bai’s Motion to Compel Further Responses to Requests for Production

Defendant and cross-complainant Haotian Bai moves to compel cross-defendant Kevin Liu to provide further responses to Bai’s Requests for Production (Set One) Nos. 6, 7, 8, 9, 10, 13 and 16.  For the following reasons, Bai’s motion is granted in part and denied in part.

In response to Requests Nos. 6 and 7, Liu responded that he “has done a diligent search and reasonable inquiry regarding the existence of documents responsive to this request.  [Liu] is unable to comply as the documents identified are not in [Liu’s] possession.  [Liu] is unaware who may have said documents.”  Liu’s response to Request Nos. 6 and 7 is sufficient.  Bai’s motion to compel further responses to Request Nos. 6 and 7 is denied.

Liu lodged numerous objections in response to Request Nos. 8, 9, 10, 13 and 16, and declined to produce any responsive documents.  Liu has not substantiated any of his objections to Request Nos. 8, 9, 10, 13 and 16.  Bai’s motion to compel further responses to Request Nos. 8, 9, 10, 13 and 16 is granted.  Liu shall serve further, verified, Code-complaint responses to Requests Nos. 8, 9, 10, 13 and 16, and produce all nonprivileged documents responsive to those requests, by November 17, 2022.  Should Liu withhold any responsive documents based on any privilege, Liu shall also serve by November 17, 2022 a privilege log identifying all documents Liu has withheld from production on the basis of a privilege(s).  The log shall identify the privilege and set forth sufficient information for Bai and the court, if necessary, to evaluate the privilege claims.

Bai’s request for sanctions is granted.  Cross-defendant Kevin Liu shall pay sanctions in the amount of $760 to defendant and cross-complaint Haotian Bai by November 17, 2022.

Liu’s request for sanctions is denied.

Bai to give notice.

Defendant and Cross-complainant Haotian Bai’s Motion to Compel Further Responses to Requests for Admissions

Defendant and cross-complainant Haotian Bai moves to compel cross-defendant Kevin Liu to provide further responses to Bai’s Requests for Admissions (Set One) No. 3.  For the following reasons, Bai’s motion is denied.

In response to Request No. 3, Liu responded:  “[Liu] lacks personal knowledge necessary to admit or deny this request.”  Liu’s response to Request No. 3 is sufficient.  Bai’s motion to compel further responses to Request No. 3 is denied.

Bai’s and Liu’s requests for sanctions are denied.

Bai to give notice.