Judge Olivia Rosales, Case 21NWCV00677 2022-08-23 Tentative Ruling

Judge: Olivia Rosales, Case: 21NWCV00677, Date: 2022-08-23 Tentative Ruling

Case Number: 21NWCV00677 Hearing Date: August 23, 2022 Dept: SEC

FRANCIS v. WEST COAST ALUMINUM & STAINLESS, LLC, et al.

CASE NO.: 21NWCV00677

HEARING: 8/23/22 @ 9:30 AM

JUDGE: OLIVIA ROSALES

TENTATIVE RULING

Defendant West Coast Metals, Inc.’s motion to compel further responses to Defendant’s first set of form interrogatories, special interrogatories, and requests for production of documents, and request for monetary sanctions is GRANTED in part.

Sanctions are imposed against Defendant and counsel, jointly and severally, in the reasonable sum of $10,035.00, payable within 30 days.

Opposing Party to give NOTICE.

Defendant West Coast Metals, Inc. moves to compel further responses to form interrogatories, special interrogatories, and document requests pursuant CCP §§ 2030.300 and 2031.310.

CCP §§ 2030.300 and 2031.310 allow a party to file a motion compelling further answers to interrogatories if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied by a meet and confer declaration. (CCP §§ 2030.300(b) and 2031.310(b).)

The court finds Defendant adequately met and conferred.

Employment Form Interrogatories, Nos. 200.1, 200.2, 200.3, 200.4, 202.1, 202.2, 203.1, 204.1, 204.2, 204.3, 205.1, 207.2, 208.1, 209.1, 210.2, 210.3, 210.4, 210.5, 210.6, 212.7, 212.1, 212.2, 212.3, 212.4, 212.5, 212.6, 212.7, 213.1:

The court finds Plaintiff adequately responded to the interrogatories. The answers are full and complete. Moreover, Plaintiff’s position is that West Coast Metals, Inc. and West Coast Aluminum and Stainless, Inc. are joint employers of the Plaintiff. Further, the definition provides that “adverse employment action” means any action which is alleged in the “pleadings,” not specifically West Coast Metals, Inc.

Employment Form Interrogatories, Nos. 204.5, 204.6, and 213.2:

The court finds the answer is incomplete. Plaintiff is ordered to supplement No. 204.5 with the accommodations needed. Plaintiff responded to No. 204.6 with “employers” in the plural, which is evasive. Plaintiff must identify whether West Coast Metals, Inc. communicated with Plaintiff. Response to No. 213.2 “N/A” is evasive. Plaintiff must respond with a yes or no answer, followed by explanations, if any.

General Form Interrogatories, Nos. 1.1, 2.12, 6.1-6.7, 8.1-8.8, 9.1-9.2, and 12.1-12.7:

This court has reviewed all of the interrogatories and finds that Plaintiff adequately answered the questions. Plaintiff explained why the term “incident” is vague because there were a string of incidents. However, without waiving that objection, Plaintiff responded as best she could.

Special Interrogatories Nos. 9, 79, 81 83, 85, 87, 89, 91, 93, 95, 97, and 99:

This court has reviewed all of the interrogatories and finds that Plaintiff adequately answered the questions. Plaintiff’s position is that West Coast Metals, Inc. and West Coast Aluminum and Stainless, Inc. are joint employers of the Plaintiff, and Plaintiff tried the best she could to parse out events that occurred at West Coast Metals, Inc. and West Coast Aluminum & Stainless, LLC.

Requests for Production of Documents, Nos. 1-49, 51, 53, 55-56, 58, 61-62, 64-67, 69-72:

Plaintiff gave a Code compliant response with her agreement that she will comply with the demand (CCP § 2031.210(a)(1)), and in addition, she identified parties whom she believes has relevant documents.

Accordingly, the motion is GRANTED as to Employment Form Interrogatories, Nos. 204.5, 204.6, and 213.2. The motion is otherwise DENIED as to all remaining requests.

Sanctions: CCP §§ 2023.010(d), 2030.300(d) and 2031.310(h) authorize the court to impose sanctions against the unsuccessful party unless the court finds the party acted with substantial justification.

Here, sanctions are warranted against West Coast Metals, Inc. Defendant filed an unsuccessful motion, forcing Plaintiff to respond, and this court to review, all 360 pages of the separate statement, many of which were properly answered. Given the amount of time required to review all of the disputed discovery, the court finds that Plaintiff’s total request of $10,035.00 is reasonable. Accordingly, sanctions are imposed against Defendant and counsel, jointly and severally, in the reasonable sum of $10,035.00, payable within 30 days.