Judge: Thomas D. Long, Case: 23STCV06057, Date: 2024-03-07 Tentative Ruling

Case Number: 23STCV06057    Hearing Date: March 14, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On May 17, 2023, Plaintiff Tracyne Restrepo served a Notice of PMK Deposition and Request for Production of Documents on Defendant Community Care Rehab Center LLC.  On May 24 2023, Defendant objected to the notice.  At the July 13, 2023 deposition, Defendant failed to produce all documents responsive to RFP Nos. 2, 4, 5, 6, 7, 10, 13, 16, and 19.  After meeting and conferring, Plaintiff filed a motion to compel further responses on August 31, 2023.

If a deponent fails to produce any document that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that production.  (Code Civ. Proc., § 2025.480, subd. (a).)

Defendant’s response argues only that “Plaintiff’s Motion is moot as it is requesting the production of documents that have already been provided to Plaintiff.”  According to Defendant, the documents were provided in response to other requests for production on June 19, 2023, while the deposition took place on July 13, 2023.

Even if Defendant has already produced the requested documents in response to a different discovery mechanism, the discovery statutes do not “suggest[] that seeking documents under one statutory procedure bars a litigant from seeking the same documents under the other.”  (Carter v. Superior Court (1990) 218 Cal.App.3d 994, 997.)  Defendant must also provide responses to this discovery request.  It is not sufficient to generally state that the documents have already been provided.  “Any documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond.”  (Code Civ. Proc., § 2031.280, subd. (a).)

The motion to compel further responses is GRANTED.  Defendant must provide supplemental responses, without objections, to RFP Nos. s 2, 4, 5, 6, 7, 10, 13, 16, and 19 within 30 days.

The request for sanctions is denied.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 14th day of March 2024