18-CIV-05797 TRIPLE NET COMPANIES, LLC VS. KCOMM INTEGRATED SOLUTIONS LLC, ET AL.

TRIPLE NET COMPANIES, LLC KCOMM INTEGRATED SOLUTIONS LLC
MARTIN GLICKFELD NAOMI JANE GRAY

KCOMM INTEGRATED SOLUTIONS LLC’S MOTION TO COMPEL PLAINTIFF TO COMPLY WITH AGREEMENT TO PRODUCE DOCUMENTS AND PROVIDE FURTHER RESPONSES TO SPECIAL INTERROGATORIES TENTATIVE RULING:

The Motion of Defendants KComm Integrated Solutions LLC (“KComm”) and Sinan Kanatsiz (“Kanatsiz”) (collectively “Defendants”) to Compel Plaintiff Triple Net Companies, LLC (“Plaintiff”) to: (1) Comply with Agreement to Produce Documents, (2) Provide Further Responses to Special Interrogatories, and (3) Respond to Second Set of Requests for Production, and Request for Sanctions, is ruled on as follows:

(1) Defendant KComm’s Motion to Compel Plaintiff to Comply with Agreement to Produce Documents is CONTINUED to September 19, 2019 at 9:00 a.m. in the Law and Motion Department. In opposition, Plaintiff represents that it has produced all responsive documents, and no further documents exist. However, in reply, Defendants identify a number of categories of documents that they contend are still missing from Plaintiff’s document production.

Accordingly, the parties are ORDERED to meet and confer in person or by telephone in a good faith effort to resolve the discovery dispute on an item-by-item basis. By no later than September 13, 2019, the parties are to file status reports of no more than ten pages outlining each request, if any, that remains in dispute and why. Should the parties resolve their dispute prior to the continued hearing, the parties are to contact the clerk to request that the matter be taken off calendar by September 13, 2019.

(2) Defendants’ Motion to Compel Further Responses to Special Interrogatories is GRANTED. Plaintiff is to provide straightforward and complete responses to KComm’s Special Interrogatories nos. 1, 2, 4, 5 and 7, and Kanatsiz’s Special Interrogatories nos. 1, 2, 4 and 5. In providing further responses, Plaintiff shall not include qualified statements such as “[a]mong other things, [Defendant] represented that…” Plaintiff is also ordered not to simply recite the allegations in the Complaint, but rather to identify the alleged specific misrepresentations made by Defendants.

(3) Defendant KComm’s Motion to Compel Responses to Second Set of Production of Documents is GRANTED. Plaintiff admits that it has not provided responses to these requests. Therefore, Plaintiff is to provide verified responses, without objections, and to produce any responsive documents.

(4) Plaintiff is to produce further responses to the Special Interrogatories and further responses and the responsive documents to the Second Set of Production of Documents within 14 days of the date of the order.

(5) The court reserves its ruling on Defendants’ and Plaintiff’s Requests for Monetary Sanctions until the continued hearing.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendant shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.