Judge: Stephen P. Pfahler, Case: 23STCV02271, Date: 2024-10-22 Tentative Ruling

Case Number: 23STCV02271    Hearing Date: October 22, 2024    Dept: 68

Dept. 68

Date: 10-22-24

Case: 23STCV02271

Trial Date: 1-6-25 c/f 9-9-24

FURTHER DOCUMENTS

MOVING PARTY: Plaintiff, John Domantay

RESPONDING PARTY: Defendant, Kix Screening and Protection Services, LLC

RELIEF REQUESTED

Motion to Compel Further Responses to Request for Production of Documents (set two)

SUMMARY OF ACTION

On February 2, 2023, and May 1, 2023, Plaintiff John Domantay filed a wage and hour and unfair business practices complaint, and first amended complaint, against Defendants Kix Screening and Protection Services, LLC and Christopher Walters. Defendants answered on June 8, 2023.

On June 26, 2024, a representative of defense counsel filed a notice of death of defense attorney Sheldon Rosenfield.

RULING: Granted.

Plaintiff John Domantay moves to compel further responses to request for production of documents (set two), numbers 53-56 from Defendant Kix Screening and Protection Services, LLC. Plaintiff contends Defendant only provided meritless objections and evasive responses, without production of documents confirmed in their possession via deposition.

Following the notice of death of attorney Sheldon Rosenfield, the court docket shows no new substitution of counsel on behalf of either defendant. The corporate entity cannot appear in the action without representation from an admitted attorney. (Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 731.) The motion is unopposed. The court electronic filing system shows no reply on file at the time of the tentative ruling publication cutoff.

The court finds the objections lack merit. While Defendant denies any responsive items, Plaintiff cites to the deposition of the PMQ, whereby applicable documents were admitted as existing. [Declaration of Amanda Erickson, ¶¶ 5-6, Ex. 1: Deposition Transcript; Ex. 2-3: Request for Production and Responses.]

The motion is GRANTED. While Defendant cannot serve responses without new counsel, assuming new counsel substitutes into the case the court orders further responses. Defendant is shall either provide code compliant responses regarding the lack of applicable documents, if Defendant elects to continue with denial notwithstanding the deposition testimony, or Defendant may produce responses. (Code Civ. Proc., §§ 2031.210, subd. (a)(1-2), 2031.220, 2031.230.)

The court imposes the statutory minimum of $1,000 in sanctions against Plaintiff Kix Screening and Protection Services, LLC. Payable within 30 days. (Code Civ. Proc., §§ 2023.050, subd. (a), 2031.280, subd. (a).)

Discovery disputes leading to voluminous requests from the court may lead to the appointment of a discovery referee. The court does not conduct independent discovery conferences.

Order to Show Case re: Sanctions, etc. on calendar for December 3, 2024. Trial remains set for January 6, 2025.

Plaintiff to give notice to all parties.