Judge: Robert B. Broadbelt, Case: 22STCV30321, Date: 2025-01-10 Tentative Ruling

Case Number: 22STCV30321    Hearing Date: January 10, 2025    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:              Defendants Michael Ajayi and Eyanu Health Services, LLC                

RESPONDING PARTY:       Plaintiff Kofoworola Olatunde

Motion to Compel Further Responses to Form Interrogatories and Request for Monetary Sanctions

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

DISCUSSION

Defendants Michael Ajayi and Eyanu Health Services, LLC (“Defendants”) move the court for an order (1) compelling plaintiff Kofoworola Folashade Olatunde (“Plaintiff”) to serve further responses to Defendants’ Form Interrogatories, Set One, numbers 6.4, 8.5, 8.6, 8.7, 8.8, 50.2, 50.5, and 50.6, and (2) awarding monetary sanctions in favor of Defendants and against Plaintiff in the amount of $1,636.65.

            The court finds that Defendants have not submitted a meet and confer declaration that complies with Code of Civil Procedure section 2016.040 and therefore denies Defendants’ motion.  (Code Civ. Proc., § Code Civ. Proc., § 2030.300, subd. (b)(1).)

“A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.”  (Code Civ. Proc., § 2016.040.)  The meet and confer requirement “is designed to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order . . . .  [Citation.]  This, in turn, will lessen the burden on the court and reduce the unnecessary expenditure of resources by litigants through promotion of informal, extrajudicial resolution of discovery disputes.”  (In re Marriage of Moore (2024) 102 Cal.App.5th 1275, 1293 [internal quotation marks and citations omitted].)

On July 25, 2023, counsel for Defendants sent an email to Plaintiff’s counsel “requesting a brief extension of time to meet and confer concerning any potential issues therein in lieu of a motion to compel.”  (Bubion Decl., ¶ 7 and Ex. A, p. 3.)  In this email, Defendants’ counsel did not (1) ask counsel for Plaintiff to meet and confer, or (2) identify issues and defects with Plaintiff’s responses.  (Ibid.)  Although counsel for Plaintiff responded that another attorney was handling discovery in this case, Defendants’ counsel’s response did not ask to meet and confer, and instead asked again for an extension.  (Boubin Decl., ¶¶ 8-9 and Ex. A, p. 2.)  Counsel for Defendants has not stated, in his supporting declaration, that counsel asked to meet and confer and identified the defects with Plaintiff’s discovery responses.  (In re Marriage of Moore, 102 Cal.App.5th at p. 1294 [describing reasonable and good faith attempts to informally resolve discovery matters].)

Thus, the court finds, after reviewing the declaration of Justin Bubion and the email correspondence attached thereto, that Defendants have not submitted a declaration stating facts showing that Defendants made a reasonable attempt to informally resolve each issue presented by this motion as required.  (Code Civ. Proc., §§ 2016.040, 2030.300, subd. (b)(1); In re Marriage of Moore, supra, 102 Cal.App.5th at pp. 1293-1294.)

The court denies Defendants’ request for monetary sanctions against Plaintiff.  (Code Civ. Proc., § Code Civ. Proc., § 2030.300, subd. (d).)

The court finds that the circumstances presented would make the imposition of sanctions against Defendants unjust and therefore denies Plaintiff’s request for sanctions.  (Code Civ. Proc., § Code Civ. Proc., § 2030.300, subd. (d).)

ORDER

            The court denies defendants Michael Ajayi and Eyanu Health Services, LLC’s motion to compel further responses to form interrogatories and request for monetary sanctions.

            The court orders plaintiff Kofoworola Folashade Olatunde to give notice of this ruling.

IT IS SO ORDERED.

DATED:  January 10, 2025

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court