Judge: Michael J. Strickroth, Case: 2022-01264029, Date: 2023-07-31 Tentative Ruling

Motion to Compel Further Responses to Special Interrogatories

Plaintiff Heidi J. Romero’s motion for an order compelling Defendant Murdon Corp. to provide further responses to Special Interrogatories (Set One), Nos. 7 and 8, is GRANTED.

Code of Civil Procedure section 2030.300 provides in pertinent part: “(a) On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. [¶] (3) An objection to an interrogatory is without merit or too general. (b)(1) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040 . . . (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response to the interrogatories.”

Special Interrogatory No. 7:

Special Interrogatory No. 7 asks for “all job duties” Plaintiff had during her employment with Defendant. Defendant responded by stating that “Defendant has produced Plaintiffs Job Description as Schedule Coordinator at MURDON 000001-3 and 11. The full job duties can be ascertained in those documents.”

Plaintiff has shown the documents Defendant refers to only cover Plaintiff’s job duties for the last 18 days of employment when Plaintiff’s Complaint alleges events that span over 2-years. Specifically, documents bate stamped MURDON 000001-3 reflect the job description for Schedule Coordinator, which, according to the Final Disciplinary Notice issued to Plaintiff, dated February 10, 2021, (MURDON 000004-6), only went into effect as of February 10, 2021, about 18 days prior to Plaintiffs termination. Further, Plaintiff has shown that MURDON 000011 focuses on two changes purportedly made to Plaintiffs job duties but states nothing about Plaintiffs actual job duties as a whole.

Defendant’s response is insufficient because the documents referenced do not provide the full job duties of employment during her employment with Defendant.

Accordingly, the request to compel a further response to Special Interrogatory No. 7 is GRANTED.

Special Interrogatory No. 8:    

Special Interrogatory No. 8 seeks all disciplinary actions against Plaintiff during her employment with Defendant.

Defendant responded by stating Plaintiff was counseled verbally and in writing numerous times, “including but not limited to” May 26, 2020; May 29, 2020; July 3, 2020; August 20, 2020; August 24, 2020; November 23, 2020; December 7, 2020; and February 10, 2021. The interrogatory asks for “all” disciplinary actions Plaintiff received and the phrase “including but not limited to” indicates there are more responsive disciplinary actions not addressed in the response. Further, the response states that: “There were other instances of verbal communications with Plaintiff regarding her poor job performance but Responding Party cannot recall the dates of the communications.” If Defendant has knowledge of “other verbal disciplinary actions”, then it must provide all known pertinent information requested, such as substance of any such communication, participants, and other details about the disciplinary action, even if it does not recall dates of communications.

Accordingly, the request to compel a further response to Special Interrogatory No. 8 is GRANTED.

Defendant is ORDERED to provide further verified responses, without objection, within 20 days of the notice of this ruling.

Plaintiff’s request for sanctions is DENIED because Plaintiff failed to adequately meet and confer prior to filing this Motion.

Plaintiff to give notice.