17CV-02501 Tracy Pinto vs. Merced Union High School District, et al.

Motion to Compel Further Responses to Form Interrogatories, etc.

The motion by defendant Sierra Vista Child and Family Services for an order compelling plaintiff Tracy Pinto to provide further responses to defendant’s form and special interrogatories and request for production of documents is GRANTED in part. Plaintiff’s responses are incomplete and/or do not comply with the requirements of Code of Civil Procedure sections 2030.220 or 2031.210(a). Plaintiff also does not indicate the existence of any privileged documents. Plaintiff shall provide further verified, code compliant responses to defendant’s Form Interrogatories, Set One, Nos. 2.6, 2.12, 4.1, 8.4, 8.6, 8.7, 8.8., 9.1, 12.1, and 12.3; Special Interrogatories, Set One, Nos. 5-14, 17, 19, 21-24; and Request for Production of Documents Nos. 3-15 within ten days of notice of the Court’s order.

Based on the averment by plaintiff’s counsel Kenneth N. Meleyco under penalty of perjury that he first became aware that discovery was in dispute when a copy of the present motion was received on March 8, 2018 (see Meleyco Decl., at p. 2:4-6), the Court declines to impose mandatory monetary sanctions against plaintiff and her counsel. While Mr. Meleyco’s statement strains credulity, the Court notes that defense counsel does not offer any contradictory evidence as defense counsel apparently did not contact plaintiff’s counsel to confirm receipt of the meet and confer letter prior to filing the motion. Although actual receipt of the meet and confer letter was not confirmed, the Court finds that defense counsel made a reasonable attempt to meet and confer consistent with Code of Civil Procedure section 2023.010, subdivision (i) and therefore DENIES plaintiff’s request for sanctions in opposition.