Judge: Robert B. Broadbelt, Case: 20STCV49246, Date: 2024-12-06 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: 20STCV49246    Hearing Date: December 6, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Seran Ng, D.M.D., Inc.       

RESPONDING PARTY:       Defendant Yang Lu

(1)   Motion to Compel Additional Time to Fairly Examine Defendant Yang Lu

(2)   Motion to Compel Production of Documents and Supplemental Deposition Testimony

MOVING PARTY:                 Plaintiff Seran Ng, D.M.D., Inc.       

RESPONDING PARTY:       Unopposed

(3)   Motion to Compel Responses to Requests for Production of Documents

The court considered the moving, opposition, and reply papers filed in connection with the motion to compel additional time to fairly examine defendant Yang Lu and the motion to compel production of documents and supplemental deposition testimony.

The court considered the moving papers filed in connection with the motion to compel responses to requests for production of documents.  No opposition papers were filed in connection with that motion.

EVIDENTIARY OBJECTIONS

The court rules on plaintiff Seran Ng, D.M.D., Inc.’s evidentiary objections, filed on August 14, 2024, as follows:

Objections Nos. 1-6 are overruled.

The court rules on plaintiff Seran Ng, D.M.D., Inc.’s evidentiary objections, filed on August 30, 2024, as follows:

Objections Nos. 1-4 are overruled.

MOTION TO COMPEL ADDITIONAL TIME TO EXAMINE DEFENDANT YANG LU

Plaintiff Seran Ng, D.M.D., Inc. (“Plaintiff”) moves the court for an order compelling defendant Yang Lu (“Defendant”) to sit for further deposition “for at least seven (7) hours and if the deposition is not completed after seven (7) hours, the taking of the deposition shall be continued from day to day thereafter . . . until completed . . . .”  (Mot., p. 6:4-7.)

“[A] deposition examination of the witness by all counsel, other than the witness’ counsel of record, shall be limited to seven hours of total testimony.  The court shall allow additional time, beyond any limits imposed by this section, if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.”  (Code Civ. Proc., § 2025.290, subd. (a).)

The court grants Plaintiff’s motion in part as follows.

First, the court (1) finds that Plaintiff has shown that it needs additional time beyond the seven-hour limit to fairly depose Defendant since Defendant’s use of a Mandarin interpreter required additional time to carry out the deposition, and therefore (2) grants Plaintiff’s request for an order permitting Plaintiff to depose Defendant for additional time.  (Code Civ. Proc., § 2025.290, subd. (a).)  The court finds that an additional five hours is a reasonable amount of time to require Defendant to sit for deposition. 

Second, the court denies Plaintiff’s request that the court permit Plaintiff to depose Defendant for an unspecified time “until [the deposition] is completed[.]”  (Code Civ. Proc., § 2025.290, subd. (a).)

The court denies Defendant’s request for monetary sanctions against Plaintiff.

MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND SUPPLEMENTAL DEOPSITION TESTIMONY

Plaintiff moves the court for an order (1) compelling Defendant to produce documents and supplemental deposition testimony in connection with Plaintiff’s Second and Third Amended Notices of Taking Deposition and Demand for Production of Documents, numbers 3-8, 13-15, 18-21, 23-24, 28-29, 33-36, 49-50, 56-59, 66-68, 70-80, 82-105, 107-115, 117-122, 124-125, 143-144, 150-156, 158-162, 168-176, 183, 186, 188, 191, 193-195, 197-203, and 222, and (2) awarding monetary sanctions in favor of Plaintiff and against Defendant in the amount of $16,303.75.

The court denies Plaintiff’s motion to compel Defendant to produce documents responsive to Requests for Production of Documents, numbers 3-8, 13-15, 18-21, 23-24, 28-29, 33-36, 49-50, 56-59, 66-68, 70-80, 82-105, 107-115, 117-122, 124-125, 143-144, 150-156, 158-162, 168-176, 183, 186, 188, 191, 193-195, 197-203, and 222 because the court finds that Defendant’s objections based on undue burden have merit and that this method of discovery (document requests included in a notice of deposition) is unduly burdensome taking into account the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation, since (1) although Plaintiff has not moved to compel the production of documents to all of the requests set forth in the notice, Plaintiff served a total of 222 requests for production of documents in connection with the Third Amended Notice of Deposition, and (2) many of those demands are overbroad and include contention document requests, which do not specify with reasonable particularity the category of materials to be produced.  (Code Civ. Proc., §§ 2019.030, subd. (a)(2) [“The court shall restrict the frequency or extent of use of a discovery method provided in Section 2019.010 if it determines” that “[t]he selected method of discovery is unduly burdensome . . . , taking into account the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation”], 2025.220, subd. (a)(4); Chan Decl., Ex. D, Pl. Third Amended Notice of Taking Deposition of Yang Lu.)  The court denies Plaintiff’s motion without prejudice to Plaintiff’s serving demands for inspection on Defendant pursuant to Code of Civil Procedure section 2031.010 et seq. that are reasonable in number and scope.

            The court denies Plaintiff’s request for monetary sanctions against Defendant.  (Code Civ. Proc., § 2025.480, subd. (j).)

            The court grants Defendant’s request for monetary sanctions against Plaintiff.  (Code Civ. Proc., § 2025.480, subd. (j).)  The court finds that $1,800 (4 hours x $450 per hour) is a reasonable amount of monetary sanctions to impose against Plaintiff in connection with this motion.  (Chenette Decl., ¶¶ 3-4.)

MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS

Plaintiff moves the court for an order (1) compelling Defendant to serve responses to Plaintiff’s Requests for Production of Documents, Set 13, and (2) awarding monetary sanctions in favor of Plaintiff and against Defendant in the amount of $3,031.65.

If a party to whom a demand for inspection is directed fails to serve a timely response, the party making the demand may move for an order compelling response to the demand.¿ (Code Civ. Proc., §¿2031.300, subd. (b).)¿¿ 

Plaintiff served Defendant with its Requests for Production of Documents, Set 13, on November 22, 2023, by email.  (Chan Decl., Ex. A.)  Defendant did not serve timely responses and had not served responses as of the date that Plaintiff filed this motion.  (Mot., p. 4:13 [“At the filing of the instant motion, Defendant’s counsel has not issued responses”].)  Defendant did not file an opposition or other evidence establishing that responses have since been served.  The court therefore grants Plaintiff’s motion.  (Code Civ. Proc., § 2031.300, subd. (b).)

The court grants Plaintiff’s request for monetary sanctions.  (Code Civ. Proc., § 2031.300, subd. (c).)  The court finds that $699.15 ((1.5 hours x $425 hourly rate) + $61.65 filing fees) is a reasonable amount of sanctions to impose against Defendant in connection with this motion.  (Chan Decl., ¶¶ 11-12.)

The court finds that the circumstances presented would make the imposition of an additional $250 in sanctions unjust and therefore denies that request.  (Code Civ. Proc., § 2023.050, subds. (a), (c); Chan Decl., ¶ 14.)

ORDER

            The court grants in part plaintiff Seran Ng, D.M.D., Inc.’s motion to compel additional time to fairly examine defendant Yang Lu as follows.

            Pursuant to Code of Civil Procedure section 2025.290, subdivision (a), the court orders that plaintiff Seran Ng, D.M.D. may depose defendant Yang Lu for an additional five hours.

            The court denies plaintiff Seran Ng, D.M.D., Inc.’s motion to compel production of documents and supplemental deposition testimony and for monetary sanctions.

            The court orders plaintiff Seran Ng, D.M.D., Inc. to pay monetary sanctions to defendant Yang Lu in the amount of $1,800 within 30 days of the date of service of this order.

            The court grants plaintiff Seran Ng, D.M.D., Inc.’s motion to compel responses to production of documents and for monetary sanctions as follows.

            Pursuant to Code of Civil Procedure section 2031.300, the court orders defendant Yang Lu (1) to serve on plaintiff Seran Ng, D.M.D., Inc. full and complete verified responses, without objections, to plaintiff Seran Ng, D.M.D., Inc.’s Requests for Production of Documents, Set 13, that comply with Code of Civil Procedure sections 2031.210-2031.250, and (2) to produce to plaintiff Seran Ng, D.M.D., Inc. all documents and things in defendant Yang Lu’s possession, custody, or control which are responsive to those requests, within 20 days of the date of service of this order. 

            The court orders defendant Yang Lu to pay monetary sanctions to plaintiff Seran Ng, D.M.D., Inc. in the amount of $699.15 within 30 days of the date of service of this order.

The court orders plaintiff Seran Ng, D.M.D., Inc. to give notice of this ruling.

IT IS SO ORDERED.

DATED:  December 6, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court