Judge: Stephanie M. Bowick, Case: 23STCV09160, Date: 2024-01-09 Tentative Ruling

Case Number: 23STCV09160    Hearing Date: January 9, 2024    Dept: 19

After consideration of the briefing filed, Plaintiff's Motion to Compel Defendant's Initial Discovery Responses is DENIED in its entirety.

The Court notes that no Reply brief was filed. 

Defendant Centene Corporation's Request for Monetary Sanctions against Plaintiff is GRANTED in part. 

The Court finds, as argued by Defendant Centene Corporation, that Plaintiff failed to show that counsel for Plaintiff engaged in meet and confer efforts with counsel for Defendant in a reasonable and good faith attempt to informally resolve the discovery dispute before the motion was filed. Accordingly, the Court finds that Plaintiff engaged in an abuse of the discovery process. (Code of Civ. Proc. sections 2023.010(i); 2030.030(a).)  The supporting declaration by Brady Anderson, counsel for Plaintiff, fails to mention any meet and confer efforts.  On that basis alone, the motion is denied. 

In addition, as argued by Defendant, the Court finds that Defendant timely served discovery responses to the initial discovery according to the last extension granted by Plaintiff.  The deadline was November 3, 2023.  Plaintiff appears to admit that responses were served by that date, but is not satisfied with the contents of the responses. 

Third, if Plaintiff is not satisfied with Defendant's responses, Plaintiff must 1) meet and confer in good faith regarding each response that is not acceptable,  2) reserve a hearing(s), and 3) file and serve a separate noticed motion for "further" responses, stating why the responses as drafted are not proper.  A separate noticed motion for each method of discovery is required, not one global motion as was done here.  

The Court imposes monetary sanctions in the reduced amount of $2,000 against Plaintiff Avida Lazo and her counsel of record Adept Legal Counsel, PC, jointly and severally, for reasonable expenses incurred by Defendant in having to oppose this motion, payable to Defendant's counsel of record within thirty (30) days.  The Court considers that no reply was filed and the basis for the opposition was not complex, and therefore, reduces the amount of sanctions awarded. 

Counsel for Defendant to give notice.