Judge: Robert B. Broadbelt, Case: 19STCV20944, Date: 2023-11-01 Tentative Ruling

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Case Number: 19STCV20944    Hearing Date: December 19, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Plaintiff Dan Sackheim

RESPONDING PARTY:       Defendant Genre Arts, Inc.

(1)   Motion to Compel Further Responses to Requests for Production of Documents from Genre Arts, Inc.

MOVING PARTY:                Plaintiff Dan Sackheim

RESPONDING PARTY:       Defendant Platinum Dunes Productions

(2)   Motion to Compel Further Responses to Requests for Production of Documents from Platinum Dunes Productions

The court considered the moving, opposition, and reply papers filed in connection with each motion.

MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS FROM GENRE ARTS, INC.

Plaintiff Dan Sackheim (“Plaintiff”) moves the court for an order (1) compelling defendant Genre Arts, Inc. (“Genre Arts”) to provide further responses to Plaintiff’s Requests for Production of Documents, number 11, and (2) awarding sanctions in favor of Plaintiff and against Genre Arts in the amount of $5,469.  (Nov. 29, 2023, Notice of Partial Withdrawal, p. 2:6-9.)

The court grants Plaintiff’s motion to compel Genre Arts’ further response to Plaintiff’s Requests for Production of Documents, number 11 because Genre Arts asserts both a statement of compliance with the demand, which is incomplete, and a representation of its inability to comply with the demand, which is inadequate.  (Code Civ. Proc., § 2031.310, subds. (a)(1), (a)(2).)  Genre Arts is required to provide a statement of compliance that complies with Code of Civil Procedure section 2031.220 or a representation of its inability to comply that complies with Code of Civil Procedure section 2031.230, but not both.

The court finds that the circumstances presented make the imposition of sanctions unjust and therefore denies Plaintiff’s request for monetary sanctions against Genre Arts.  (Code Civ. Proc., § 2031.310, subd. (h).)

MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS FROM PLATINUM DUNES PRODUCTIONS

Plaintiff moves the court for an order (1) compelling defendant Platinum Dunes Productions (“Platinum Dunes”) to provide further responses to Plaintiff’s Requests for Production of Documents, numbers 16 and 17,[1] and (2) awarding sanctions in favor of Plaintiff and against Platinum Dunes in the amount of $5,469.  (Nov. 29, 2023, Notice of Partial Withdrawal, p. 2:6-9.)

The court denies Plaintiff’s motion to compel Platinum Dunes’ further responses to Requests for Production of Documents, number 16 because Platinum Dunes’ representation of its inability to comply with the demand is not inadequate, incomplete, or evasive.  (Code Civ. Proc., § 2031.310, subd. (a)(2).)

The court grants Plaintiff’s motion to compel Platinum Dunes’ further response to Plaintiff’s Requests for Production of Documents, number 17 because Platinum Dunes asserts both a statement of compliance with the demand, which is incomplete, and a representation of its inability to comply with the demand, which is inadequate.  (Code Civ. Proc., § 2031.310, subds. (a)(1), (a)(2).)  Platinum Dunes is required to provide a statement of compliance that complies with Code of Civil Procedure section 2031.220 or a representation of its inability to comply that complies with Code of Civil Procedure section 2031.230, but not both.

The court finds that the circumstances presented make the imposition of sanctions unjust and therefore denies Plaintiff’s request for monetary sanctions against Platinum Dunes.  (Code Civ. Proc., § 2031.310, subd. (h).)

ORDER

            The court grants plaintiff Dan Sackheim’s motion to compel further responses to requests for production of documents from Genre Arts, Inc., as follows.

            Pursuant to Code of Civil Procedure section 2031.310, the court orders defendant Genre Arts, Inc. (1) to serve on plaintiff Dan Sackheim a further written response to plaintiff Dan Sackheim’s Requests for Production of Documents, number 11, that complies with Code of Civil Procedure sections 2031.210-2031.250, and (2) to provide to plaintiff Dan Sackheim all documents and things in defendant Genre Arts, Inc.’s possession, custody, or control, which are responsive to that request, within 20 days of the date of this order.

            The court denies plaintiff Dan Sackheim’s request for monetary sanctions against defendant Genre Arts, Inc.

            The court grants plaintiff Dan Sackheim’s motion to compel further responses to requests for production of documents from Platinum Dunes Productions as follows.

            Pursuant to Code of Civil Procedure section 2031.310, the court orders defendant Platinum Dunes Productions (1) to serve on plaintiff Dan Sackheim a further written response to plaintiff Dan Sackheim’s Requests for Production of Documents, number 17, that complies with Code of Civil Procedure sections 2031.210-2031.250, and (2) to provide to plaintiff Dan Sackheim all documents and things in defendant Platinum Dunes Productions’ possession, custody, or control, which are responsive to that request, within 20 days of the date of this order.

            The court denies plaintiff Dan Sackheim’s request for monetary sanctions against defendant Platinum Dunes Productions.

            The court orders plaintiff Dan Sackheim to give notice of this ruling.

IT IS SO ORDERED.

DATED:  December 19, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court