Judge: Robert B. Broadbelt, Case: 21STCV38171, Date: 2022-10-27 Tentative Ruling

Case Number: 21STCV38171    Hearing Date: October 27, 2022    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Plaintiff Omar Martinez

RESPONDING PARTY:       Defendant Federal Express Corporation

Motion to Compel Further Responses to Form Interrogatories (General)

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

MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES

Plaintiff Omar Martinez (“Plaintiff”) filed this FEHA action against defendants Federal Express Corporation and Ceazer Montoya on October 15, 2021.  Plaintiff’s Complaint alleges 16 causes of action, asserting various claims for discrimination, failure to accommodate, retaliation, and wrongful termination.

Plaintiff moves the court for an order (1) compelling defendant Federal Express Corporation (“Defendant”) to provide further responses to Plaintiff’s Form Interrogatories, General, numbers 3.7, 12.1, 12.2, 12.3, and 12.6, and (2) imposing sanctions against Defendant in the amount of $3,210.

The court denies Plaintiff’s motion to compel Defendant’s further response to Plaintiff’s Form Interrogatories, General, number 3.7 because the court finds that the burden on Defendant of responding to this interrogatory clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence.  (Code Civ. Proc., § 2017.020, subd. (a).)

The court grants Plaintiff’s motion to compel Defendant’s further responses to Plaintiff’s Form Interrogatories, General, numbers 12.1, 12.2, 12.3, and 12.6 because Defendant’s answers to those interrogatories are incomplete.  (Code Civ. Proc., § 2030.300, subd. (a)(1).)  Any privacy concerns of the individuals identified in Defendant’s responses as to their contact information are outweighed by the probative value of the information requested and may be addressed by ordering that Defendant’s responses shall be subject to a protective order.

The court denies Plaintiff’s request for monetary sanctions because the court finds that Defendant acted with substantial justification and the circumstances presented make the imposition of sanctions unjust.  (Code Civ. Proc., § 2030.300, subd. (d).) 

ORDER

The court denies plaintiff Omar Martinez’s motion to compel defendant Federal Express Corporation’s further response to Form Interrogatory number 3.7.

The court grants plaintiff Omar Martinez’s motion to compel defendant Federal Express Corporation’s further responses to Form Interrogatories numbers 12.1, 12.2, 12.3, and 12.6.

Pursuant to Code of Civil Procedure section 2030.300, the court orders defendant Federal Express Corporation to serve further, full and complete answers to plaintiff Omar Martinez’s Form Interrogatories, General, numbers 12.1, 12.2, 12.3, and 12.6, which comply with Code of Civil Procedure sections 2030.210-203.220, and 2030.250, within 20 days of the date of this order.  

As to Form Interrogatories, General, numbers 12.1, 12.2, 12.3, and 12.6, the court issues a protective order that Plaintiff and his attorneys shall not disclose any of the documents or information which Plaintiff may obtain by this order to anyone who is not a party, an attorney for a party, or an expert or expert consultant retained by a party to this action, and those records shall not be used by Plaintiff or his attorneys for any purpose other than to prosecute this lawsuit, without the written agreement of the parties or further order of the court.¿¿ The parties and their counsel may prepare a more detailed proposed stipulation for protective order and lodge it with the court, if they believe one is necessary or appropriate. 

The court orders plaintiff Omar Martinez to give notice of this order.

IT IS SO ORDERED.

DATED:  October 27, 2022

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court