Judge: Peter Wilson, Case: 2020-01171413, Date: 2022-08-11 Tentative Ruling

Plaintiffs Serafin Ugalde, George Vergara and Byron Lopez seek to compel further responses from Defendant Quality First Woodworks, Inc. to Plaintiffs’ Request for Production of Documents, Set One (RPD), Nos. 2, 4, 6, 8, 11-12, 19, 21, 23, 25, 27, 29-31, 32-38, 41-42, 44, 49-54, 58-59, 61-71. The Motion is GRANTED. Defendant is ordered to provide Code-compliant responses to RPD Nos. 2, 4, 6, 8, 11-12, 19, 21, 23, 25, 27, 29-31, 32-38, 41-42, 44, 49-54, 58-59, 61-71 within 10 days.

Contrary to Defendant’s arguments, Plaintiffs adequately met and conferred. ROA 69, Jackson Decl., ¶¶5-7 and Exs. 3-5.

The Requests at issue seek information that is clearly relevant to, or reasonably calculated to lead to the discovery of admissible evidence on, the issues in this case. ROA 67, Sep. Stmt. This is further demonstrated by Defendant admitting that it is “amenable to providing most of the records in question”. ROA 85, Opp., p 3; see also, e.g., ROA 83, Opp. Sep. Stmt., RPD Nos. 11, 12, 27, 32-38, 41-42, 49-54, 58-59, 61-71.

Additionally, Plaintiffs have shown that the further responses are deficient. The responses do not comply with CCP §§ 2031.210, 2031.220 and 2031.230, which require Defendant to state whether it will comply with the RPD in whole or in part or is unable to comply and why. Defendant also does not identify the documents produced in response to each RPD in compliance with CCP § 2031.280. See, e.g., ROA 83, Opp. Sep. Stmt., RPD Nos. 8, 11, 12, 18, 19, pp. 9, 10, 12, 14, 15, 17, 18, 19, 21, 23, 25, 27, 29-31, 32-38, 44, 49-54, 58-59, 61-71.

Further, as to other requests, Defendant objected based on privacy despite the completion of the Belaire West notice process and Defendant’s representation that it has already produced all pay and time records and unredacted arbitration agreements. ROA 85, Rumm Decl., ¶¶2-4; see e.g., ROA 83, Opp. to Sep. Stmt, RPD Nos. 2, 4, 6, 18, 19, 21, 23, 41-42.

As such, there is good cause to compel further responses.

The status conference is continued to January 13, 2023 at 9:00 a.m., and the parties are ordered to file a joint status report not later than January 6, 2023.

Plaintiffs are ordered to give notice.