Judge: Michael Small, Case: 22STCV32290, Date: 2024-03-27 Tentative Ruling

Inform the clerk if you submit on the tentative ruling. If moving and opposing parties submit, no appearance is necessary.

Case Number: 22STCV32290    Hearing Date: March 27, 2024    Dept: 57

Plaintiff's Motion to Compel Further Responses to Request for Production of Documents Set One 

This Motion is GRANTED.   Defendant A&J Global Investment (Pomona) LP ("Defendant") failed to file a proper, Code-compliant opposition to the Motion.  Defendant submitted only a declaration of its counsel in opposition to the motion.  And the declaration does not aid Defendant.   Instead, it provides support for granting the Motion.  Defendant's statements of compliance are incomplete.   Counsel admits that he failed to label documents as required by Code of Civil Procedure Section 2031.280(a) and the statements of compliance do not indicate whether the production will be in full or in part as required by Section 2031.220.  Counsel stated that supplemental responses would be provided.  But as of the time of Plaintiff's reply brief, that had not occurred.  The Court is imposing sanctions against Defendant and its counsel in the amount of $3980, reflecting the amount of attorney's fees and costs that Plaintiff states it incurred in connection with the Motion.  The Court is imposing sanctions because Defendant's position lacked substantial justification.

Plaintiff's Motion to Compel Further Responses to Form Interrogatories Set One

This Motion is GRANTED as well.  Here, too, Defendant failed to file a proper, Code-compliant opposition to the Motion and instead filed only a declaration of its counsel.  And once again,  counsel's Declaration does not help Defendant's cause. Defendant's answers to the interrogatories were incomplete and evasive.  Counsel's declaration failed to demonstrate otherwise.  Additionally, counsel stated that supplemental responses would be provided.  But that had not happened as of the time of Plaintiff's reply brief.  Plaintiff seeks $3980 in sanctions for this Motion as well, reflecting fees and costs incurred in its preparation.  Sanctions are warranted because Defendant's position lacked substantial justification.  But the Court is reducing the requested amount of sanctions in half due to the substantial overlap between the preparation of the two Motions.  As reduced by half, the amount of the sanctions for the Motion related to the interrogatories is $1985.