Judge: Nathan R. Scott, Case: Mordekhay v. All Century, Date: 2022-11-18 Tentative Ruling

Plaintiff Angel Mordekhay’s motion to compel is granted as against All Century Inc. and denied as against defendant Papa Joe Investments.

Defendant All Century Inc. shall serve complete, code-compliant, verified further responses without objection to plaintiff’s requests for production of documents (set one) within 15 days and produce all responsive documents within 30 days.

All Century shall pay $2500 in discovery sanctions to plaintiff.

The motion is not premature.  The parties’ email chain fails to show an agreement extending the response time.  (See Code Civ. Proc., § 2031.271, subd. (b), see also Mot. Ex. G.)  The email chain does show plaintiff made an adequate effort to meet and confer.  (Code Civ. Proc., § 2031.310, subd. (b)(2).)

The July 1 responses need not be verified because they consist entirely of objections.  (Code Civ. Proc., § 2031.250, subd. (a).)  But the opposition fails to meet its burden to substantiate the objections.  (See, e.g., Williams v. Superior Court (2017) 3 Cal.5th 531, 541.)

As there was no extension, the August 24 supplemental responses are untimely and the court declines to consider them.  (See Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409 [court’s discretion over untimely supplemental responses].)

The court denies the motion as to Papa Joe Investments because the discovery responses were directed to and served on All Century. 

While Papa Joe Investments has taken it upon itself to respond to discovery and this motion on behalf of All Century, it has not substituted in for it.  (See Code Civ. Proc., § 368.5.)

Plaintiff shall give notice.