Judge: Thomas S. Mcconville, Case: 2021-01194911, Date: 2023-06-12 Tentative Ruling

Plaintiff Pete Deutschman’s motion to compel defendant Tesla, Inc. to provide further responses to Request for Production of Documents, Set Two, and for sanctions, is GRANTED in part and DENIED in part.  (Code Civ. Proc., § 2031.310 [authorizing motion].)

 

Request Nos. 51-54, 56-57, 59-61: Grant in part.  Defendant shall provide full, complete, and verified further responses to these requests, and shall provide all responsive documents in its possession, custody, and control.  Further responses and production are to be without objection, other than the following: (1) attorney/client privilege; (2) attorney work product doctrine; (3) “trade secret, proprietary, and/or commercially sensitive” information.  As to any documents withheld on these grounds, Defendant shall provide a privilege log.

 

Request Nos. 66, 67: Grant in part.  Defendant shall provide full, complete, and verified further responses to these requests, and shall provide all responsive documents in its possession, custody, and control.  Further responses and production are to be without objection, other than the following: (1) attorney/client privilege; (2) attorney work product doctrine; (3) “trade secret, proprietary, and/or commercially sensitive” information.  As to any documents withheld on these grounds, Defendant shall provide a privilege log.  Defendant may also redact identifying information of third parties, including names, addresses, phone numbers, social security numbers, account information, and financial information.  (See John B. v. Superior Court (2006) 38 Cal.4th 1177, 1199 [balancing interests].)

 

 

Request Nos. 55, 58, 62-65, 68-72: Denied.  Moving party fails to show good cause for production of the requested documents.  (See Calcor Space Facility, Inc. v. Superior Court (1997) 53 Cal.App.4th 216, 223-224 [good cause must be supported by admissible evidence].)

 

All further responses, documents, and privilege log[s] are to be produced to the offices of counsel for moving party within 20 days.

 

The court finds that defendant acted without substantial justification as to those requests where the motion is granted, and imposes monetary sanction against defendant Tesla, Inc. in the amount of $1,687.50, payable to counsel for moving party within 30 days.

 

Court’s ruling on defendant’s evidentiary objections to Rosenberg Decl. in support of motion:

 

  1. Overrule.
  2. Overrule.
  3. Overrule.
  4. Overrule.
  5. Sustain: lacks foundation.
  6. Overrule.

 

Sanctions against defense counsel are DENIED.  (Code Civ. Proc., § 2023.040.)

 

Moving party shall give notice.