Judge: Stephen I. Goorvitch, Case: 21STCV27878, Date: 2023-01-19 Tentative Ruling

Case Number: 21STCV27878    Hearing Date: January 19, 2023    Dept: 39

Gary Marenzi, et al. v. Pacific Life Insurance Company, et al.
Case No. 21STCV27878

Motion to Compel Further Responses

            Plaintiffs seek to compel further responses to Requests for Production of Documents, Sets Two and Three (“Sets Two and Three”) from Defendant Pacific Life Insurance Company (“Pacific Life.”)  These requests are duplicative of Requests for Production, Set One (“Set One”).  Pacific Life served objections, and Plaintiffs’ counsel concedes that he propounded Set Two and Set Three instead of filing a motion to compel further responses with respect to Set One.  As Plaintiffs did not move to compel further responses to previous requests, Plaintiffs waived the right to compel documents Plaintiffs previously requested.  (See Code Civ. Proc., § 2031.320, subd. (a), see New Albertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1427-1428.)  Accordingly, the motion to compel further responses is denied.  This order is without prejudice to Plaintiff’s ability to seek responsive documents at deposition.  (See Carter v. Superior Court (1990) 218 Cal.App.3d 994, 997.)

            Pacific Life seeks discovery sanctions in the amount of $6,090 against Plaintiffs and their counsel of record, Engstrom, Lipscomb & Lack, jointly and severally.  The Court finds that there was no substantial justification for this motion, which constitutes an abuse of the discovery process.  Therefore, the Court orders Plaintiffs and their counsel-of-record, jointly and severally, to pay discovery sanctions in the amount of $4,350 based upon ten (10) hours of attorney time at a reasonable billing rate of $435 per hour. 

            Based upon the foregoing, the Court orders as follows:

1.         Plaintiffs’ motion to compel further responses is denied.

2.         Plaintiffs and their counsel, Engstrom, Lipscomb & Lack, jointly and severally, shall pay sanctions to Plaintiffs in the amount of $4,350 within thirty (30) days.

3.         Defendants’ counsel shall provide notice and file proof of such with the Court.