Case Number: KC069065 Hearing Date: June 12, 2018 Dept: O

Pei Yi, LLC, et al. v. Fang, et al. (KC069065)

Plaintiff Pei Yi, LLC’s MOTION TO COMPEL RESPONSES AND FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE

Respondent: Defendants Fang and Pan

Plaintiff Pei Yi, LLC’s MOTION TO COMPEL RESPONSES AND FURTHER RESPONSES TO DEMAD FOR PRODUCTION OF DOCUMENTS, SET ONE

Respondent: Defendants Fang and Pan

TENTATIVE RULING

1-2. Motions to Com`pel

Plaintiff Pei Yi, LLC’s discovery motions are GRANTED. Defendants Fang and Pan are ordered to serve further responses within 10 days. Reduced sanctions are imposed against Defendants Fang and Pan, jointly and severally, in the sum of $3,000.00 payable within 30 days.

Plaintiff Pei Yi, LLC moves to compel further responses to discovery pursuant to CCP 2030.300 and 2031.310.

CCP 2030.300 and 2031.310 allow a party to file a motion compelling further answers to interrogatories and document requests if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP 2030.300(b); 2031.310(b).)

As to the form interrogatories:

The court finds Plaintiff’s responses are incomplete and evasive.

Each answer in a response 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 the responding party does not have personal knowledge sufficient to respond fully to an interrogatory, that party shall so state, but 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).)

“A representation of inability to comply with the particular demand for inspection 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. (CCP 2031.230.)

Defendants contend that the meet and confer process resolved most of the discovery disputes at issue. However, the correspondence attached to the opposition does not indicate that the parties reached any resolution.

Further, the deadline for the motions was extended to 4/23/18. (Shikai Decl., Par. 18.) As of 4/23/18, Plaintiff was not in receipt of any further discovery responses or additional documents (Id. at Par. 19), and was forced to file the instant motions.

As to the document demands:

On 9/8/17, Plaintiff served its Demand for Production of Documents. Defendants did not serve their verified responses until 12/11/17. (Shikai Decl., Pars. 8, 10.) Thus, the responses were untimely and responding party waives objections. (CCP 2030.290(a) and 2031.300(a).) Despite this, Defendants’ responses included objections.

Motions are GRANTED. Defendants are ordered to serve further responses within 10 days.

Sanctions: CCP 2030.300(d) and 2031.310(d) authorize the court to impose a sanction against any party/attorney who unsuccessfully makes or opposes a motion to compel further responses, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.

Here, sanctions are appropriate because Defendants served incomplete responses to discovery. The court finds Plaintiff’s total request of $8,322.00 is excessive. Instead, reduced sanctions are imposed against Defendants Fang and Pan, jointly and severally, in the sum of $3,000.00 payable within 30 days.