Judge: Stephen I. Goorvitch, Case: 21STCV27878, Date: 2023-04-11 Tentative Ruling

Case Number: 21STCV27878    Hearing Date: April 11, 2023    Dept: 39

Gary Marenzi, et al. v. Pacific Life Insurance Company

Case No. 21STCV27878

Motion to Compel Further Discovery Responses

Defendant Pacific Life Insurance Company (“Defendant”) moves to compel Plaintiffs Gary Marenzi, Rebecca Prange, Gregory Prange, and Wesley Prange  (“Plaintiffs”) to produce responsive documents to Defendant’s Requests for Production of Document (“RPD”).  Defendants Wayne Weaver and TFP Funding Partners, LLC join the motion. 

Defendant served RPDs on December 1, 2021.  Defendant extended five extensions, and the final deadline expired on June 17, 2022.  Plaintiffs did not response to Defendant’s RPDs, so Defendant filed a motion to compel on September 6, 2022.  The Court heard the motion on November 17, 2022, and ordered Plaintiffs to produce verified responses, without objections, within thirty (30) days.  (See Court’s Minute Order, dated November 17, 2023.)  The Court also ordered Plaintiffs and their counsel, jointly and severally, to pay sanctions in the amount of $2,260. 

Now, the Court has another motion because Plaintiffs still have not produced verified responses, without objections, to these RPDs, approximately four months after the Court’s latest deadline to do so.  Plaintiffs filed a response stating: “When you’re right, you’re right.  Plaintiffs acknowledge that they owe document products to both defendants.” 

Defendant seeks monetary sanctions against Plaintiffs and their counsel, jointly and severally, in the amount of $2,464.50.  The Court finds that the conduct of Plaintiffs and their counsel are unacceptable and constitute an abuse of the discovery process warranting sanctions.  Simply, the Court is baffled that Plaintiffs still have not provided discovery responses approximately 16 months after the RPDs were served and after the Court previously granted the same motion.

Based upon the foregoing, the Court orders as follows:

1.         The Court grants Defendant’s motion to compel.  The Court (again) orders Plaintiffs to provide verified responses, without objections, to the RPDs within thirty (30) days.

2.         The Court orders Plaintiffs and their counsel, Engstrom, Lipscomb & Lack, jointly and severally, to pay Defendant monetary sanctions in the amount of $2,464.50.

3.         The Court orders Defendant to file a declaration on or before May 19, 2023, informing the Court whether Plaintiff has complied with this order.

4.         The Court shall hold a compliance hearing on May 26, 2023, at 8:30 a.m.

5.         Defendant’s counsel shall provide notice and file proof of such with the Court.