Motions to Compel Discovery (Judge Theodore R. Howard)


Plaintiff?s motions to compel are GRANTED IN PART AND DENIED IN PART as set forth below.? Plaintiffs? request for monetary sanctions is GRANTED IN PART AND DENIED IN PART as set forth below.

Motion for supplemental special interrogatory responses from Villa Warner.? Plaintiff moves to compel further responses to special interrogatories # 7, 8, 11, 13, 15, 16, 17, 31, 32, 33 and 36.? Answers to interrogatories shall be ?as complete and straightforward as the information reasonably available to the responding party permits.?? CCP ? 2030.220(a).? If an interrogatory ?cannot be answered completely, it shall be answered to the extent possible.?? CCP ? 2030.220(b).? If a party does not have sufficient knowledge to respond fully they may say so but the party ?shall make a reasonable and good faith effort to obtain the information by inquiry to other natural persons or organizations except where the information is equally available to the propounding party.? CCP ? 2030.220(c).?? If only part of an interrogatory is objectionable, ?the remainder of the interrogatory shall be answered.?? CCP ? 2030.240(a). Here, certain of Villa Warner?s answers to the interrogatories did not comply with the statutory requirements and Villa Warner is ordered to provide verified supplemental responses to Special Interrogatories # 11, 15, 17 and 36.? The supplemental responses shall be provided no later than 10 days after this hearing.? Villa Warner is not required to provide supplemental responses to Special Interrogatories # 7, 8, 13, 31, 32 or 33.

Motion for supplemental special interrogatory responses from Optimum.? Plaintiff moves to compel further responses to special interrogatories # 7, 8, 9, 10, 11, 12, 15, 16, 17, 18, 19, 29, 30, 31, 34 and 45.? Certain of Optimum?s interrogatory responses did not comply with the statutory requirements of CCP ? 2030.220 et seq. and Optimum is ordered to provide verified supplemental responses to Special Interrogatories # 9,10, 11, 12, 16, 17, 18, 29, 30, 31, 34 and 45.? The supplemental responses shall be provided no later than 10 days after this hearing. Optimum is not required to provide supplemental responses to Special Interrogatories # 7, 8 or 15.

Motion for supplemental responses to requests for production of documents from Villa Warner.? Plaintiff moves to compel further responses to requests for production # 1, 2, 3, 4, 5, 6, 7, 8, 11, 12, 14, 15, 16, 17, 18, 19, 20, 23, 24, 26, 27, 29, 30 and 31.? Responses to requests for production for documents are governed by CCP ??2031.210-2031.320.? Pursuant to those provisions, a party may respond to a request for production of documents in one of three ways: (1) a statement of compliance; (2) a statement of noncompliance based on inability, confirming a ?diligent search and reasonable inquiry;? or (3) a statement of noncompliance based on clearly specified objection.? ?If the response is a statement of noncompliance based on inability, the party must comply with CCP ? 2031.230 which provides:

?A representation of inability to comply with the particular demand for inspection, copying, testing, or sampling shall affirm that a diligent search and a reasonable inquiry has been made in an effort to comply with that demand. This statement shall also specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or control of the responding party. The statement shall set forth the name and address of any natural person or organization known or believed by that party to have possession, custody, or control of that item or category of item.?

 

The majority of Villa Warner?s responses addressed by the motion fail to comply with the statutory requirements.? Villa Warner is ordered to produce the documents promised in response to Requests # 15, 16, 17, 18, 29, 30 and 31. In addition, Villa Warner is ordered to provide supplemental verified, written responses to Requests # 1, 3, 5, 6, 7, 8, 11, 12, 14, 15, 16, 17, 18, 19, 20, 23, 24, 26, 27, 29, 30 and 31.? Each response shall specifically whether all responsive documents have been produced.? If any document is withheld on grounds of privilege, Villa Warner shall provide a privilege log as specified in CCP ? 2031.240.? The production and supplemental responses shall be provided no later than 10 days after this hearing. Villa Warner is not required to provide supplemental responses to Request # 2 or 4.

 

Motion for supplemental responses to requests for production of documents from Optimum.? Plaintiff moves to compel further responses to requests for production # 1, 2, 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 26, 28 and 29.? The majority of Optimum?s responses addressed by the motion fail to fulfill the statutory requirements (set forth above).? Optimum is ordered to produce the documents promised in response to Requests # 18, 19, 20 and 21. In addition, Optimum is ordered to provide supplemental verified, written responses to Requests #1, 3, 5, 6, 7, 8, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 25, 26, 28 and 29.? Each response shall specifically whether all responsive documents have been produced.? If any document is withheld on grounds of privilege, Optimum shall provide a privilege log as specified in CCP ? 2031.240.? The production and supplemental responses shall be provided no later than 10 days after this hearing. Optimum is not required to provide supplemental responses to Request # 2 or 4.

 

Motion for supplemental RFA responses from Villa Warner.

Answers to requests for admission ?shall be as complete and straightforward as the information reasonably available to the responding party permits.? CCP ? 2033.220(a).The answers shall: ?(1) Admit so much of the matter involved in the request as is true, either as expressed in the request itself or as reasonably and clearly qualified by the responding party. (2) Deny so much of the matter involved in the request as is untrue. (3) Specify so much of the matter involved in the request as to the truth of which the responding party lacks sufficient information or knowledge.?? CCP ? 2033.220(b).? If lack of information is the reason for a failure to admit, the responding party: ?shall state in the answer that a reasonable inquiry concerning the matter in the particular request has been made, and that the information known or readily obtainable is insufficient to enable that party to admit the matter.?? CCP ? 2033.220(c).? If only part of a request is objectionable, ?the remainder of the request shall be answered.? CCP ? 2033.230(a).

 

Here, each of the responses addressed by Plaintiff?s motion fails to fulfill the statutory requirements and Villa Warner is ordered to provide verified supplemental responses to Requests for Admission # 1, 3, 4, 7, 8, 9, 10, 11, 14, 15, 16 and 35.

 

Motion for supplemental RFA responses from Optimum. Each responses addressed by Plaintiff?s motion fails to fulfill the statutory requirements and Optimum is ordered to provide verified supplemental responses to Requests for Admission # 3, 4, 7, 8, 9, 10, 14, 15, 16 and 35.

 

Requests for Monetary Sanctions.?? Plaintiff seeks more than $3,000 in monetary sanctions for each of the six motions to compel (a total of over $18,000).? Although Defendants? responses and failure to participate in the meet and confer process justify sanctions, the amount requested is excessive particularly in light of Plaintiff?s extremely weak efforts to ?meet and confer? and the duplicative nature of the arguments presented in the motions.? Accordingly, the Court orders Defendant Villa Warner Condominium Association to pay Plaintiff $1,680 (2 hours per motion at $250 per hour plus $180 in filing fees) in monetary sanctions.? The Court also orders Defendant Optimum Professional Property Management, Inc. to pay Plaintiff $1,680 in monetary sanctions.

 

Plaintiff to give notice.