Judge: Melissa R. Mccormick, Case: "Miller v. DeVries, et al.", Date: 2022-06-30 Tentative Ruling

Plaintiff Matthew Miller’s Motion to Compel Further Responses from Defendant John DeVries to Form Interrogatories 

Plaintiff Matthew Miller moves to compel defendant John DeVries to provide further responses to Miller’s Form Interrogatory (Set One) No. 2.5.  See 6/23/22 Order.  For the following reasons, the motion is granted.

Form Interrogatory No. 2.5 asks for DeVries’s present residence address, his residence addresses for the past five years, and the dates he resided at each address.  DeVries responded by objecting on the basis of relevance, overbreadth, burden, and oppression.  These objections lack merit.  This interrogatory requests straightforward information regarding witness identity and location.  DeVries did not substantiate his objections.  DeVries shall provide a further verified response to Form Interrogatory No. 2.5 by July 11, 2022. 

Miller’s request for sanctions is granted.  DeVries shall pay sanctions in the amount of $640.00 to Miller by July 11, 2022.

Miller to give notice.

Plaintiff Matthew Miller’s Motion to Compel Further Responses from Defendant John DeVries to Requests for Production 

Plaintiff Matthew Miller moves to compel defendant John DeVries to provide further responses to Requests for Production (Set One) Nos. 11, 12, 26, 27, 39, 43, 44, 48, and 49.  See 6/23/22 Order.  For the following reasons, the motion is granted in part and denied in part.

Request Nos. 11 and 12 seek documents showing any ownership interest DeVries has or had in WGE Capital Group or any stock in WGE Capital Group owned by DeVries.  These requests are relevant to, inter alia, Miller’s alter ego allegations.  DeVries’s objections based on relevance, overbreadth, burden, and privacy lack merit and DeVries has not substantiated them.  Nor has DeVries substantiated his objection based on the attorney-client privilege.  Miller has shown good cause for the production of the documents. 

Request No. 26 seeks DeVries’s financial statements.  Request No. 27 seeks DeVries’s bank statements.  Request Nos. 39, 43, and 44 seek documents showing any payments or asset transfers from DeVries to WGE  Capital Group or from DeVries to any person relating to the subject property or project.  This information is relevant to, inter alia, Miller’s alter ego allegations and to the cause of action to set aside a voidable transaction.  Miller has not shown good cause, however, for the court to require DeVries to produce both financial statements and bank statements.  Miller’s motion to compel DeVries to produce financial statements (Request No. 26) is granted, as is Miller’s motion to compel DeVries to provide further responses and document production in response to Request Nos. 39, 43, and 44.  Miller’s motion to compel DeVries to produce his bank statements (Request No. 27) is denied.     

Request Nos. 48 and 49 seek documents showing any payments or asset transfers from HJ Capital Group or WGE Capital Group to DeVries.  This information is relevant to, inter alia, Miller’s alter ego allegations and to the cause of action to set aside a voidable transaction. 

DeVries shall provide further verified responses to Request Nos. 11, 12, 26, 39, 43, 44, 48, and 49 and produce any documents responsive to those requests by July 11, 2022. 

Miller’s request for sanctions is granted.  DeVries shall pay sanctions in the amount of $640.00 to Miller by July 11, 2022.

Miller to give notice.

Plaintiff Matthew Miller’s Motion to Compel Further Responses from Defendant Haylee Nguyen to Form Interrogatories

Plaintiff Matthew Miller moves to compel defendant Haylee Nguyen to provide further responses to Form Interrogatories (Set One) Nos. 2.5, 2.7, and 2.8.  See 6/23/22 Order.  For the following reasons, the motion is granted.

Form Interrogatory Nos. 2.5, 2.7, and 2.8 seek straightforward information regarding Nguyen’s identity and location, her educational background, and any felony convictions.  Nguyen shall provide further verified responses to Form Interrogatory Nos. 2.5, 2.7, and 2.8 by July 11, 2022. 

Miller’s request for sanctions is granted.  Nguyen shall pay sanctions in the amount of $640.00 to Miller by July 11, 2022.

Miller to give notice.

Plaintiff Matthew Miller’s Motion to Compel Further Responses from Defendant Haylee Nguyen to Requests for Production 

Plaintiff Matthew Miller moves to compel defendant Haylee Nguyen to provide further responses to Requests for Production (Set One) Nos. 26 and 27.  See 6/23/22 Order.  For the following reasons, the motion is granted in part and denied in part.

Request No. 26 seeks Nguyen’s financial statements.  Request No. 27 seeks Nguyen’s bank statements.  This information is relevant to, inter alia, Miller’s alter ego allegations.  Nguyen did not file an opposition and has not justified her objections.  Miller has not shown good cause, however, for the court to require Nguyen to produce both financial statements and bank statements.  Miller’s motion to compel Nguyen to produce financial statements (Request No. 26) is granted; Miller’s motion to compel Nguyen to produce her bank statements (Request No. 27) is denied.  Nguyen shall provide a further verified response to Request Nos. 26 and produce any documents responsive to that request by July 11, 2022. 

Miller’s request for sanctions is denied.

Miller to give notice.

Plaintiff Matthew Miller’s Motion to Compel Further Responses from Defendant HJ Capital Group to Form Interrogatories 

Plaintiff Matthew Miller moves to compel defendant HJ Capital Group to provide further responses to Form Interrogatories (Set One) Nos. 1.1, 3.1, 3.6, 3.7, 12.1 through 12.7, 13.1, 13.2, 14.1, 14.2, 15.1, and 50.1 through 50.6.  See 6/23/22 Order.  For the following reasons, the motion is granted.

Defendant responded to these interrogatories with objections.  The interrogatories seek straightforward, relevant information.  Defendant did not oppose the motion and has not substantiated its objections.  Defendant shall provide further verified responses to Form Interrogatories (Set One) Nos. 1.1, 3.1, 3.6, 3.7, 12.1 through 12.7, 13.1, 13.2, 14.1, 14.2, 15.1, and 50.1 through 50.6 by July 11, 2022. 

Miller’s request for sanctions is granted.  HJ Capital Group shall pay sanctions in the amount of $640.00 to Miller by July 11, 2022.

Miller to give notice.

Plaintiff Matthew Miller’s Motion to Compel Further Responses from WGE Capital Group to Form Interrogatories

Plaintiff Matthew Miller moves to compel defendant WGE Capital Group to provide further responses to Form Interrogatories (Set One) Nos. 1.1, 3.1, 3.6, 3.7, 12.1 through 12.7, 13.1, 13.2, 14.1, 14.2, 15.1, and 50.1 through 50.6.  See 6/23/22 Order.  For the following reasons, the motion is granted.

Defendant responded to these interrogatories with objections.  The interrogatories seek straightforward, relevant information.  Defendant did not oppose the motion and has not substantiated its objections.  Defendant shall provide further verified responses to Form Interrogatories (Set One) Nos. 1.1, 3.1, 3.6, 3.7, 12.1 through 12.7, 13.1, 13.2, 14.1, 14.2, 15.1, and 50.1 through 50.6 by July 11, 2022. 

Miller’s request for sanctions is granted.  WGE Capital Group shall pay sanctions in the amount of $640.00 to Miller by July 11, 2022.

Miller to give notice.

Plaintiff Matthew Miller’s Motion to Compel Further Responses from Jamboree LLC to Form Interrogatories 

Plaintiff Matthew Miller moves to compel defendant Jamboree LLC to provide further responses to Form Interrogatories (Set One) Nos. 1.1, 3.1, 3.6, 3.7, 12.1 through 12.7, 13.1, 13.2, 14.1, 14.2, 15.1, and 50.1 through 50.6.  See 6/23/22 Order.  For the following reasons, the motion is granted.

Defendant responded to these interrogatories with objections.  The interrogatories seek straightforward, relevant information.  Defendant did not oppose the motion and has not substantiated its objections.  Defendant shall provide further verified responses to Form Interrogatories (Set One) Nos. 1.1, 3.1, 3.6, 3.7, 12.1 through 12.7, 13.1, 13.2, 14.1, 14.2, 15.1, and 50.1 through 50.6 by July 11, 2022. 

Miller’s request for sanctions is granted.  Jamboree LLC shall pay sanctions in the amount of $640.00 to Miller by July 11, 2022.

Miller to give notice.

Plaintiff Matthew Miller’s Motion to Compel Further Responses from Defendant HJ Capital Group to Requests for Production 

Plaintiff Matthew Miller moves to compel defendant HJ Capital Group to provide further responses to Requests for Production (Set One) Nos. 1 through 95.  See 6/23/22 Order.  For the following reasons, the motion is granted.

Defendant responded to these requests with objections.  In the separate statement, plaintiff has shown good cause for the production of the documents in that the documents are relevant to the allegations in the operative complaint.  Defendant did not oppose the motion and has not substantiated its objections.  Defendant shall provide further verified responses to Requests Nos. 1 through 95 and produce any documents responsive to the requests by July 11, 2022. 

Miller’s request for sanctions is granted.  HJ Capital Group shall pay sanctions in the amount of $640.00 to Miller by July 11, 2022.

Miller to give notice.

Plaintiff Matthew Miller’s Motion to Compel Further Responses from Defendant WGE Capital Group to Requests for Production 

Plaintiff Matthew Miller moves to compel defendant WGE Capital Group to provide further responses to Requests for Production (Set One) Nos. 1 through 95.  See 6/23/22 Order.  For the following reasons, the motion is granted.

Defendant responded to these requests with objections.  In the separate statement, plaintiff has shown good cause for the production of the documents in that the documents are relevant to the allegations in the operative complaint.  Defendant did not oppose the motion and has not substantiated its objections.  Defendant shall provide further verified responses to Requests Nos. 1 through 95 and produce any documents responsive to the requests by July 11, 2022. 

Miller’s request for sanctions is granted.  WGE Capital Group shall pay sanctions in the amount of $640.00 to Miller by July 11, 2022.

Miller to give notice.

Plaintiff Matthew Miller’s Motion to Compel Further Responses from Defendant Jamboree LLC to Requests for Production 

Plaintiff Matthew Miller moves to compel defendant Jamboree LLC to provide further responses to Requests for Production (Set One) Nos. 1 through 95.  See 6/23/22 Order.  For the following reasons, the motion is granted.

Defendant responded to these requests with objections.  In the separate statement, plaintiff has shown good cause for the production of the documents in that the documents are relevant to the allegations in the operative complaint.  Defendant did not oppose the motion and has not substantiated its objections.  Defendant shall provide further verified responses to Requests Nos. 1 through 95 and produce any documents responsive to the requests by July 11, 2022. 

Miller’s request for sanctions is granted.  Jamboree LLC shall pay sanctions in the amount of $640.00 to Miller by July 11, 2022.

Miller to give notice.