Judge: Sandy N. Leal, Case: 2022-01265984, Date: 2023-08-17 Tentative Ruling

Motion to Compel Further Responses to Form Interrogatories

Defendants Desert Sands Realty and Neal Robinson’s Motion to Compel Further Response to Form Interrogatory No. 17.1 is CONTINUED to _________.

A motion to compel further responses must attach a meet and confer declaration “showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc., §§ 2016.040; 2030.300(b)(1).)

To qualify as “reasonable and in good faith,” counsel’s meet and confer attempt must be a “serious effort” at negotiation and informal resolution, which “entails something more than bickering” with opposing counsel.” (Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1438.) It is “more than the mere attempt by the discovery proponent to persuade the objector of the error of his ways … the law requires that counsel attempt to talk the matter over, compare their views, consult, and deliberate.” (Clemente v. Alegre (2009) 177 Cal.App.4th 1277, 1294).

The declaration of Defendants’ counsel Amir Afsar states that he sent a letter to Plaintiff’s counsel on 4-17-23, in an effort to meet and confer regarding a further response to Form Interrogatory No. 17.1. (Afsar Decl., ¶ 4, Ex. B.) After receiving no response, Mr. Afsar filed this motion on 5-4-23 without any further efforts made to contact Plaintiff’s counsel. (Afsar Decl., ¶ 5.) Such attempts are insufficient to satisfy the meet and confer requirement. If Defendants’ counsel did not receive a response from Plaintiff’s counsel, he could have picked up the phone and called him, or at least engaged in additional efforts to meet and confer.

The parties/counsel are ORDERED to engage in additional attempts to meet and confer in person, telephonically, or over remote videoconferences (not email) no later than ______________.

The parties/counsel are strongly encouraged to resolve this dispute without court intervention, especially given that the dispute is over responses to one Form Interrogatory, which provide clear instructions on how to respond.

Moving party to give notice.