Judge: Theodore R. Howard, Case: 20-1126606, Date: 2023-01-05 Tentative Ruling

A)        Requests for Production, Set One

Defendant/Cross-Complainant Ruben Collaso’s (“Collaso”) unopposed Motion to Compel Further Responses to Requests for Production (“RFP”), Set One, propounded upon plaintiff Benjamin & Young, LLP (“Plaintiff”), is GRANTED. 

The motion is GRANTED pursuant to Civ. Proc. Code § 2031.310, as Plaintiff failed to provide code compliant responses to the RFP.  Specifically, Plaintiff filed to provide verifications to the RFP (Civ. Proc. Code §§ 2031.250), failed to identify which of the documents produced corresponded to which of the RFP (Civ. Proc. Code § 2031.280(a)), and failed to provide a privilege log for any documents Plaintiff withheld that Plaintiff believes are covered by some sort of privilege (Civ. Proc. Code §§ 2031.240(b) and (c)(1)).  The court orders Plaintiff to provide further responses that comply with the above code sections, as requested by Collaso as part of this motion.  (Mulvana Decl. ¶¶ 15, 24; Motion at p. 9:17-26.)

Additionally, the court orders Plaintiff and its attorneys of record pay monetary sanctions in the reasonable amount of $4,578.  That amount comes from $450/hr. billing rate for 10 billable hours, and $78 in costs/fees related to filing the motion

B)        Requests for Production, Set Two

Collaso’s unopposed Motion to Compel Further Responses to RFP, Set Two, propounded upon Plaintiff is GRANTED.

The same issues with Plaintiff’s responses to RFP, Set One, exist in Plaintiff’s responses to RFP, Set Two.  The motion is GRANTED pursuant to Civ. Proc. Code § 2031.310, as Plaintiff failed to provide code compliant responses to the RFP.  Specifically, Plaintiff filed to provide verifications to the RFP (Civ. Proc. Code §§ 2031.250), failed to identify which of the documents produced corresponded to which of the RFP (Civ. Proc. Code § 2031.280(a)), and failed to provide a privilege log for any documents Plaintiff withheld that Plaintiff believes are covered by some sort of privilege (Civ. Proc. Code §§ 2031.240(b) and (c)(1)).  The court orders Plaintiff to provide further responses that comply with the above code sections, as requested by Collaso as part of this motion.  (Mulvana Decl. ¶¶ 15, 24; Motion at p. 9:17-26.)

As this motion and the prior motion are almost identical, the court will only award the $78 in filing fees and costs on this motion in favor of Collaso and against Plaintiff and its attorneys of record.

Further responses and monetary sanctions are due within 30-days of written notice of the court’s ruling.

Collaso to give notice.