Judge: Robert B. Broadbelt, Case: 19STCV32649, Date: 2024-02-02 Tentative Ruling
Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.
Case Number: 19STCV32649 Hearing Date: February 2, 2024 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
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February
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[Tentative]
Order RE: plaintiff’s motion to compel further
responses to requests for production of documents |
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MOVING PARTY: Plaintiff Carl Mueller
RESPONDING PARTIES: Defendants Walmart, Inc., and Wal-Mart Associates,
Inc.
Motion to Compel Further Responses to Requests for Production of
Documents
The court
considered the moving, opposition, and reply papers filed in connection with
this motion.
DISCUSSION
Plaintiff Carl Mueller (“Plaintiff”) moves the court for an order
compelling defendants Walmart, Inc. and Wal-Mart Associates, Inc.
(“Defendants”) to produce responsive documents to Plaintiff’s Requests for
Production of Documents, numbers 54, 55, 106, 107, and 108 that are unredacted. (Reply, p. 2:16-19 [sole matter before the
court is whether Defendants should produce unredacted documents].)
The court notes that, in opposition, Defendants have produced evidence
showing that they served supplemental responses on August 31, 2022. (Ruiz Decl., Ex. B.) The court exercises its discretion to
consider whether Defendants’ supplemental responses and document production are
sufficient. (Sinaiko Healthcare
Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th
390, 409 [“Whether a particular response does resolve satisfactorily the issues
raised by a motion is a matter best determined by the trial court in the
exercise of its discretion, based on the circumstances of the case”].)
The court grants Plaintiff’s motion to compel Defendants’ further
responses to Requests for Production of Documents, numbers 54-55 and 106-108
because Defendants’ objections in those responses are without merit. (Code Civ. Proc., § 2031.310, subd. (a)(3).) The court finds that Defendants have not met
their burden to show that the information redacted from the documents produced
by Defendants is subject to objections that have merit.
ORDER
The court grants plaintiff Carl Mueller’s motion to compel further
responses to requests for production of documents, set one.
Pursuant to Code of Civil Procedure section 2031.310, the court orders
defendants Walmart, Inc. and Wal-Mart Associates, Inc. to produce to plaintiff
Carl Mueller the documents identified on pages 7:26-8:17 of plaintiff Carl
Mueller’s “Reply to Motion to Compel Further Responses to Plaintiff’s Requests
for Production of Documents, Set One,” filed with the court on January 26,
2024, in unredacted format, within 20 days from the date of this order. Defendants Walmart, Inc. and Wal-Mart
Associates, Inc. may designate those documents as confidential subject to the
protective order entered in this case on June 16, 2022.
The court orders plaintiff
Carl Mueller to give notice of this ruling.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court