Judge: Nick A. Dourbetas, Case: 2021-01208349, Date: 2022-10-14 Tentative Ruling

Motion to Compel Further Responses to Special Interrogatories

The motion by plaintiff Cindy Sanford, as co-trustee of the Olson Family Trust, dated March 7, 1980, as amended and restated on September 3, 2004, to compel defendant Mallorca Condominium Association, Inc. to provide further responses to discovery, is GRANTED in part and DENIED in part.  (Code Civ. Proc., §§  2030.300 [authorizing motion to compel further responses to interrogatories], 2031.310 [authorizing motion to compel further responses to inspection demands].)

The motion is GRANTED as to Request for Production of Documents, Set One, Request No. 35.  Defendant shall provide full, complete, and verified further responses to Request No. 35, without objection, and shall provide all responsive documents in its possession, custody, and/or control, without objection, within 15 days.  The motion is DENIED as to Request Nos. 31-34 and 36, as moving plaintiff has not provided evidence showing good cause as to unspecified “structural damage” to other units generally.  (Code Civ. Proc., § 2031.310, subd. (b)(1) [good cause requirement]; Calcor Space Facility, Inc. v. Superior Court (1997) 53 Cal.App.4th 216, 223-224 [evidence required to support good cause]; Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431 [“When discovery requests are grossly overbroad on their face, and hence do not appear reasonably related to a legitimate discovery need, a reasonable inference can be drawn of an intent to harass and improperly burden”].)

The motion is GRANTED as to Special Interrogatories, Set One, Special Interrogatory Nos. 1-4.  Defendant shall provide full, complete, and verified further responses to Special Interrogatory Nos. 1-4, without objection, within 15 days.  As to the term “first-class condition,” defendant may limit its responses to that term as it is used in the Covenants, Conditions, and Restrictions attached as Ex. A to plaintiff’s Complaint.

The motion is GRANTED as to Form Interrogatories, Set One, Form Interrogatory No. 15.1.  Defendant shall provide a full, complete, and verified further response to Form Interrogatory No. 15.1, without objection, within 15 days. 

Defendant’s request for judicial notice is DENIED.

Both parties’ sanctions requests are DENIED.  (Mattco Valley Forge v. Arthur Young & Co. (1990) 223 Cal.App.3d 1429, 1437 [court’s discretion to deny sanctions upon mixed results].)

Plaintiff shall give notice.