Judge: Stephen I. Goorvitch, Case: 22STCV34912, Date: 2023-10-02 Tentative Ruling

Case Number: 22STCV34912    Hearing Date: October 3, 2023    Dept: 39

Yerik Berry v. United Moving Cars, et al.

Case No. 22STCV34912

Motions to Compel Further Responses to Form Interrogatories

Motions to Compel Further Responses to Requests for Production of Documents

[TENTATIVE] Order

            NOTICE: The Court posts this tentative order on September 28, 2023, at 8:00 a.m., in advance of the hearings on Plaintiff’s motions to compel further responses.  The Court advances the hearing on Plaintiff’s motion to compel further responses to Requests for Production of Documents from October 3, 2023, to October 2, 2023, at 8:30 a.m.  Any party who does not appear at the hearing, either remotely or in-person, shall waive the right to be heard on these motions and shall submit to any order issued following the hearing.    

            Plaintiff Yerik Berry (“Plaintiff”) filed this employment case against Defendants United Moving Cars, Juan Carlos Acosta Martinez, and MA Guadalupe Acosta (collectively, “Defendants”) alleging retaliation and wrongful termination, as well as wage and hour violations.  Now, Plaintiff moves to compel further responses to: (1) Form Interrogatories—General, (2) Form Interrogatories—Employment, and (3) Requests for Production of Documents.  The Court rules as follows:

            1.         Timeliness – Defendants argue that these motions are untimely.  A motion to compel further responses must be filed and served “within 45 days of the service of the verified response, or any supplemental verified response . . . .”  (Code Civ. Proc., § 2030.300(c).)  Defendants served boilerplate objections without substantive responses on March 31, 2023.  These responses were not verified.  Defendants then served boilerplate objections and substantive responses on May 19, 2023.  The motions were filed on June 30, 2023.  Therefore, the motions were timely. 

            2.         Motion to Compel Further Responses to Form Interrogatories—General.  The Court grants the motion and orders Defendants to provide verified supplemental responses without objections, within thirty (30) days.

            3.         Motion to Compel Further Responses to Form Interrogatories—Employment.  The Court grants the motion and orders Defendants to provide verified supplemental responses, without objections, within thirty (30) days. 

            4.         Motion to Compel Further Responses to Requests for Production of Documents – The Court orders as follows:

                        a.         The Court advances the hearing from October 3, 2023, to October 2, 2023, at 8:30 a.m. 

b.         The motion is granted in part and denied in part.

c.         The Court orders Defendants to verified supplemental responses, without objections to the following RPDs within thirty (30) days: RPD #1 (payroll records), RPD #2 (personnel file), RPD #4 (employment documents), RPD #5 (documents relating to hours worked), RPD #6 (documents relating to work schedule), RPD #7 (wage statements), RPD #8 (documents relating to hours worked), RPD #11 (documents relating to any investigation of plaintiff), RPD #12 (documents relating to Plaintiff’s termination), RPD #13 (documents referenced in SROG), RPD #14 (documents referenced in FROG), and RPD #15 (documents referenced in FROG). 

d.         The motion is denied with respect to RPD #3. 

            5.         Sanctions – Plaintiff requests a total of $5,380 in sanctions against Defendants and their counsel.  Defendants had no justification for refusing to comply with standard and straightforward discovery requests.  Nor did Defendants have any justification for opposing this motion.  Rather, this case reflects that Defendants are engaged in gamesmanship and have abused the discovery process, warranting sanctions.  Therefore, the Court grants Plaintiff’s request for sanctions and orders Defendants and Defendants’ counsel, Mr. Dariush G. Adli, Esq., to pay sanctions in the amount of $4,800, based upon 12 hours at $400 per hour, plus three filing fees of $60 each.  The Court finds this amount fairly and reasonably compensates Plaintiff for the expense of litigating these motions.

CONCLUSION AND ORDER

            Based upon the foregoing, the Court orders as follows:

            1.         Plaintiff’s motion to compel further responses to Form Interrogatories—General is granted.  Defendants shall provide verified supplemental responses, without objections, within thirty (30) days.

            2.         Plaintiff’s motion to compel further responses to Form Interrogatories—Employment is granted.  Defendants shall provide verified supplemental responses, without objections, within thirty (30) days.

            3.         The Court advances the hearing on Plaintiff’s motion to compel further responses to Requests for Production of Documents from October 3, 2023, to October 2, 2023, at 8:30 a.m.

            4.         Plaintiff’s motion to compel further responses to Requests for Production of Documents is granted in part and denied in part.  Defendants shall provide verified supplemental responses, without objections, except with respect to RPD #3.  The motion is denied with respect to RPD #3. 

            5.         Plaintiff’s request for sanctions is granted.  The Court orders Defendants and their counsel, Mr. Dariush Adli, Esq., jointly and severally, to pay sanctions in the amount of $4,980, within thirty (30) days.

            6.         Plaintiff’s counsel shall provide notice and file proof of such with the Court.