Case Number: 13CG2184    Hearing Date: April 23, 2014    Dept: 77

Plaintiff Atkinson-Baker, Inc.’s Motion to Compel Further Responses to Demand for Production of Documents; Request for Sanctions is GRANTED. CCP § 2031.310.

Initially, the Court notes that this motion is timely and that an adequate meet and confer took place. Accordingly, this motion is properly considered. CCP § 128.

A discovery response may be inadequate because it is evasive or incomplete; contains an incomplete statement of compliance; an inadequate, incomplete, or evasive representation of inability to comply; or meritless or overly general objections to a demand. If a demanding party believes the responding party responded inadequately, the demanding party may move for an order compelling further response. (CCP §§ 2030.300(a), 2031.310(a).) The moving party must make a showing of good cause justifying the discovery sought in the document demands. (CCP § 2031.310(b)(1).) To establish good cause, the demanding party must show that the items demanded are relevant to the subject matter of the action, and that there are specific facts justifying discovery.

This motion is granted. The Court finds that the Defendant did not properly comply with CCP § 2031.210 in that the responses served contain an incomplete statement of compliance and are incomplete/inadequate as to the ability to comply or the assertion of an objection. As such, this motion was properly filed. In this case, the Court finds that the moving party has shown good cause exists to order further responses. Accordingly, this motion is granted. Defendant The Law Offices of Mgdesyan & Taheripour are ordered to serve further responses to Plaintiff’s Inspection Demands (Set One) Nos. 1-11 within 20 days.

In terms of sanctions, they are granted. The Court finds Defendant’s failure to serve adequate discovery responses a misuse of the discovery process. CCP § 2023.010(d)-(f). Defendant is ordered to pay sanctions to plaintiff and its attorney of record in the amount of $600 within 30 days for expenses incurred as a result of the improper conduct. CCP §§ 2023.030(a) and 2031.310. The Court will also note that it found Defendant’s counsel’s letters in response to Plaintiff’s meet and confer letters very condescending in tone.

Moving party to give notice.