Judge: Nick A. Dourbetas, Case: 2020-01171462, Date: 2022-11-04 Tentative Ruling

1. Motion for Terminating Sanctions
2. Motion to Compel Further Responses to Special Interrogatories
3. Motion to Compel Production

Motion for Terminating Sanctions:

Plaintiff Crescere Opes Capital, Inc.’s motion for terminating sanctions against defendant Stone Deluxe, Inc. is DENIED. 

Plaintiff’s alternative request for an order compelling compliance with the court’s 3-18-22 discovery order is GRANTED in part and DENIED in part.  (Code Civ. Proc., § 2031.310, subd. (i) [“f a party fails to obey an order compelling further response, the court may make those orders that are just”]; Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1545 [court’s wide discretion in enforcing discovery orders].)

The court finds that defendant Stone Deluxe, Inc’s responses to Request Nos. 1, 11-13, 15, 17, 19, 20, 25, 27, and 28 are sufficiently Code-compliant, and no further responses are necessary.  However, defendant is ordered to produce all documents in its possession, custody, and/or control, which are responsive to these requests, whether previously produced or not, within 10 days.  Defendant’s document production shall comply with Code Civ. Proc., § 2031.280, subd. (a).

As to Request Nos. 21 and 26, defendant contends it provided amended further responses, but plaintiff’s Reply provides evidence that they were unverified.  (Ex. A to Reply; see also Karlsson v. Ford Motor Co. (2006) 140 Cal.App.4th 1202, 1216 [court has authority to consider reply evidence when submitted in rebuttal to points raised in the opposing papers].)  Accordingly, defendant is ordered to provide further Code-compliant and verified responses to Request Nos. 21 and 26 within 10 days.

Moving party shall give notice.

Motion to Compel Further Responses to Special Interrogatories:

Plaintiff Crescere Opes Capital, Inc.’s motion to compel defendant Stone Deluxe, Inc. to provide further responses to Special Interrogatories, Set Two, is GRANTED in part and DENIED in part.  (Code Civ. Proc., § 2030.300.)

The motion is DENIED as to Special Interrogatory Nos. 9-11, which are not reasonably calculated to lead to the discovery of admissible evidence as to whether defendant was properly licensed at the time it performed work for plaintiff.

The motion is GRANTED in part as to Special Interrogatory No. 13.  Defendant Stone Deluxe, Inc. shall provide a full, complete, and verified further response to Special Interrogatory No. 13, without objections, limited to the time period of 1-1-2019 to present.

The motion is GRANTED in full as to Special Interrogatory Nos. 16 and 17.  Defendant Stone Deluxe, Inc. shall provide full, complete, and verified further responses to Special Interrogatory Nos. 16 and 17, without objections.

Further responses shall be provided to the offices of counsel for moving party within 20 days. 

Moving party’s alternative request for terminating sanctions is DENIED. 

Moving party shall give notice.

Motion to Compel Further Responses to Requests for Production:

Plaintiff Crescere Opes Capital, Inc.’s motion to compel defendant Stone Deluxe, Inc. to provide further responses to Request for Production of Documents, Set Two, is GRANTED in part and DENIED in part.  (Code Civ. Proc., § 2031.310.)

The motion is DENIED as to Request Nos. 32-34, which correspond to Special Interrogatory Nos. 9-11, which motion to compel was denied as discussed above.

The motion is GRANTED as to Request Nos. 35, 36, and 39.  Defendant Stone Deluxe, Inc. shall provide full, complete, and verified further responses to Request Nos. 35, 36, and 39, without objections, and shall produce all responsive documents in its possession, custody, and control, without objections, within 20 days.  Further responses and production shall comply with Code Civ. Proc., §§ 2031.210, 2031.220, 2031.310, and/or 2031.280, as applicable.

Moving party shall give notice.