Judge: Stephen I. Goorvitch, Case: 21STCV34326, Date: 2023-07-10 Tentative Ruling

Case Number: 21STCV34326    Hearing Date: November 15, 2023    Dept: 39

JG Medical LLC v. Purchasing 411, Inc.

Case No. 21STCV34326

Motions to Compel

            Defendant and Cross-Complainant Purchasing 411, Inc. (“Defendant”) moved to compel responses from Cross-Defendants Stop C-19 LLC and Gredale LLC (“Cross-Defendants”) to: Requests for Production of Documents, set one (“RPD”); and Special Interrogatories, set one (“SROG”).  On July 5, 2023, Cross-Defendants’ counsel filed verified further responses agreeing to produce the documents, rendering the motions moot.  (See Court’s Minute Order, dated July 10, 2023.)  As of October 19, 2023, Cross-Defendants had not produced responsive documents.  (See Declaration of Dan Terzian, ¶¶ 15-18.) 

            Defendants move to compel production of the promised documents.  Under Code of Civil Procedure section 2031.320, the Court may compel a party to comply with its agreement to comply with a request for production of documents.  (See Code Civ Proc., § 2031.320, subd. (a).)  Counsel for Cross-Defendants did not file any opposition to this motion.  The Court finds no good cause for Cross-Defendants’ failure to honor their discovery obligations. 

            Based upon the foregoing, the Court grants Defendants’ motion and orders the Cross-Defendants to produce the following documents within 30 days:

1.         All Gredale’s bank statements that contain any transactions relating to either (a) transfers to or from Stop C-19 LLC or (b) transactions taken on behalf of Stop C-19 LLC;

2.         All Gredale’s general ledger entries that relate to transfers to or from Stop C19 LLC;

3.         All Gredale’s bank statements that contain transactions related to the purchase of PPE by Gredale or Stop C-19 LLC;

4.         All Gredale’s general ledger entries that relate to the purchase of PPE by Gredale or Stop C-19 LLC;

5.         All Stop C-19’s general ledger entries that relate to transfers to or from Gredale LLC; and

6.         All Stop C-19’s general ledger entries that relate to the purchase of PPE by Stop C-19 or Gredale 19 LLC.

Defendant requests sanctions in the amount of $3,000 against Cross-Defendants, jointly and severally.  The Court finds that their conduct constitutes an abuse of discovery, warranting sanctions.  The Court finds that the requested amount is fair and reasonable.  Therefore, the request for sanctions is granted.

CONCLUSION AND ORDER

            Based upon the foregoing, the Court orders as follows:

            1.         Defendants’ motion to compel is granted.

            2.         Cross-Defendants shall produce the documents at issue on or before December 22, 2023.

            3.         The Court orders Stop C-19 LLC and Gredale LLC, jointly and severally, to pay sanctions in the amount of $3,000 to Defendant Purchasing 411, Inc., by and through counsel, within 30 days.

            4.         The Court orders Defendant to provide notice via email and file proof of service forthwith.