Judge: Stephen I. Goorvitch, Case: 22STCV25300, Date: 2023-08-25 Tentative Ruling

Case Number: 22STCV25300    Hearing Date: August 25, 2023    Dept: 39

DLC Laboratories, Inc. v. Resource Label Group, LLC, et al.

Case No. 22STCV25300

Motion to Compel Further Responses to Requests for Production of Documents

            Plaintiff DLC Laboratories, Inc. (“Plaintiff”) filed this action against Resource Label Group, LLC, individually and as successor-in-interest by merger to Axion Label, LLC dba Axiom Label and Packaging (“Defendant”), alleging that Defendant mislabeled products manufactured by Plaintiff, necessitating a recall.  Defendant moves to compel further responses to Requests for Production of Documents (“RPDs”).  The Court rules as follows:

            RPD #25 – All purchase orders between Plaintiff and Defendants prepare or exchanged prior to the incident – GRANTED

            RPD #28 – All invoices between Plaintiff and Defendants prepared or exchanged prior to the incident – GRANTED

            RPD #45 – All documents showing, in whole or in part, the profits, if any, Plaintiff generated from January 1, 2015 to the present – GRANTED.  Plaintiff seeks damages for “lost profits.”  (First Amended Complaint, ¶ 23.)  For example, Plaintiff alleges: “Based on annual sales of Plaintiff’s product through Walmart going as far back as 2012, this will result in an estimated loss of profits in the amount of $1,095,066 got 2021 through 2032 alone.”  (First Amended Complaint, ¶ 21.)  Therefore, these documents are relevant, and Plaintiff has put its profits/losses at issue.     

            RPD #46 – Plaintiff’s balance sheets from January 1, 2015, to the present – DENIED.  Defendant shall receive the relevant information in response to RPD #45 and RPD #47.

            RPD #47 – Plaintiff’s profit and loss statements from January 1, 2015, to the present – GRANTED.

            RPD #51 – All documents relating to recalls of any of Plaintiff’s products at any point from January 1, 2015, to the present – GRANTED IN PART; DENIED IN PART.  Plaintiff shall produce documents sufficient to identify recalls of any of Plaintiff’s products at any point from January 1, 2015, to the present, including identifying information for the product, the reasons for the recalls, the dates of the recall, and similar basic information. 

            Based upon the foregoing, the motion is granted in part and denied in part.  Plaintiff shall provide supplemental responses, without objections, within thirty (30) days.  The Court denies all request for sanctions.  Defendants’ counsel shall provide notice and file proof of such with the Court.