2018-00226255-CU-BT

Arsany A. Said vs. Visione Enterpises, LLC

Nature of Proceeding: Motion to Compel Production of Documents

Filed By: Cuzzolina, J.D.

Plaintiff’s motion to compel further responses from Defendant/Cross-Complainant David Hart (“Hart”) to Plaintiff’s request for production of documents, set one, is DROPPED due to Plaintiff’s failure to demonstrate a “reasonable and good faith attempt” to informally resolve the issues presented in the motion as required by Code of Civil Procedure sections 2016.040 and 2031.310, subdivision (b)(2).

Having reviewed Hart’s counsel’s declaration filed in support of Hart’s opposition, it is evident Plaintiff failed to adequately meet and confer prior to filing this motion. Hart’s counsel avers in support of Hart’s opposition, in relevant part, as follows:

“12. On November 29, 2018, the deposition of plaintiff Said took place. At the deposition Plaintiff asked to discuss the [November 27, 2018] meet and confer [letter] which [Hart] had not received yet.

13. Further, on November 29, 2018, at that same deposition the parties discussed the meet and confer sent by plaintiff even though [Hart] had not yet received said meet and confer. The parties discussed the meet and confer and [Hart] explained that [he] did not have the records being requested, however, [was] still diligently working to obtain the requested documents and had obtained some of the requested documents. [He] would be amending [his] discovery responses based on the meet and confer and the newly discovered documents. Plaintiff agreed to this.

14. On or about December 10, 2018, the parties telephonically met and conferred this time regarding privilege as it relates to [Hart’s] Bank Records and Credit Card Statements. This discussion of privilege led to a discussion as to the Credit Card and Bank Statements[’] relevancy. Plaintiff stated they were seeking Credit Card and Bank Statements to show the costs associated with medical expenses. It was explained that the records being produced would show that the requested bank records would not show the sought information and that only the workers compensation attorney had records that would show the information being sought and that defendant Hart had been unsuccessful in obtaining that information from

them. Plaintiff refused to withdraw that request but agreed to accept amended discovery responses.

15. Attached hereto, and incorporated by reference herein as Exhibit J, is a true and correct of [Hart’s] Amended responses to request for production of documents served on December 14, 2018.”

(Allard Decl. ISO Hart’s Opp’n ¶¶ 12-15 [emphasis added].)

Notwithstanding Hart’s agreement to provided amended responses in response to Plaintiff’s November 27, 2018 meet and confer letter, and Plaintiff’s counsel’s knowledge of said agreement prior to filing the instant motion, Plaintiff filed the motion premised upon Hart’s original responses. Hart served his amended responses on December 14, 2018, before Plaintiff served the motion to compel on December 18, 2018. (The motion to compel was not filed until December 28, 2018.)

In light of the above, Plaintiff’s motion to compel is DROPPED. Plaintiff prematurely filed the motion knowing amended responses were forthcoming. Further, the moving papers do not address Hart’s amended responses.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules of Court, rule 3.1312.)