Judge: Richard S. Whitney, Case: 37-2023-00010043-CU-BC-CTL, Date: 2024-03-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 28, 2024

03/29/2024  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2023-00010043-CU-BC-CTL ALIGNMENT HEALTH PLAN VS SOUTH BAY HEALTH & INSURANCE SERVICES INC CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: PLAINTIFF ALIGNMENT HEALTH PLAN'S MOTION TO COMPEL DEFENDANT SOUTH BAY HEALTH & INSURANCE SERVICES, INC. FOR FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET NO. ONE is GRANTED.

Plaintiff Alignment Health Plan ('Plaintiff') seeks to compel further responses from Defendants South Bay Health and Insurance Services, Inc. ('SBHIS') as to Plaintiff's Requests for Production of Documents ('RFP') Nos. 19 and 21. SBHIS represents that it has produced all responsive documents as to RFP No. 21 and that Plaintiff incorrectly assumed SBHIS would have more responsive documents based on false assumptions (that SBHIS must have been involved in disenrolling each of the 1,387 members at issue during the relevant period). Further, SBHIS has agreed to comply with RFP No. 19 subject to an Attorneys' Eyes Only designation, and has produce all of the responsive contracts.

However, Plaintiff represents SBHIS has not yet served verified responses that provide confirmation that a diligent search and a reasonable inquiry has been made in an effort to comply with the demands.

(Code Civ. Proc., § 2031.230.) Further, Plaintiff represents SBHIS has not specified whether its 'inability to fully comply with the demands' 'is because the particular item or category has never existed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody or control of the responding party.' (Code Civ. Proc., § 2031.230.) SBHIS is ordered to provide responses that comply with CCP section 2031.230 within ten (10) calendar days. No sanctions are awarded.

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