MERZ PHARMACEUTICALS, LLC VS. DOCENT, LLC

SF Superior Court - Law & Motion / Discovery Dept 302 - CGC25622192 - March 19, 2026 Hearing date: March 19, 2026 Case number: CGC25622192 Case title: MERZ PHARMACEUTICALS, LLC VS. DOCENT, LLC Case Number: | | CGC25622192 | Case Title: | | MERZ PHARMACEUTICALS, LLC VS. DOCENT, LLC | Court Date: | | 2026-03-19 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion To Compel Plaintiff And Cross Defendant Merz Pharmeceuticals Llc Compliance To Produce All Promised Responsive Documents Pursuant To Cpp Section 2031.320 | Rulings: | | Set for Law and Motion/Discovery Calendar on Thursday, March 19, 2026, Line 3.

Defendant and Cross-complainant Docent, LLC's Motion To Compel Plaintiff And Cross Defendant Merz Pharmaceuticals LLC's Compliance To Produce All Promised Responsive Documents Pursuant To CCP Section 2031.320 is DENIED.

Defendant moves under Code of Civil Procedure section 2031.320. Subdivision (a) of section 2031.320 provides: "If a party filing a response to a demand for inspection, copying, testing, or sampling under Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280 thereafter fails to permit the inspection, copying, testing, or sampling in accordance with that party's statement of compliance, the demanding party may move for an order compelling compliance."

Here, Defendant did not demonstrate Plaintiff's RFP production failed substantially to permit an inspection consistent with Plaintiff's statement of compliance. First and importantly, the court rejects Defendant's contention that Plaintiff abandoned meet and confer or the production process. The court finds the production process and meet and confer was ongoing when Defendant filed its motion. The court finds Defendant's motion was premature and unnecessary at the time it was filed.

Plaintiff has stated its intent to produce the missing participant surveys, the privilege log and address the blank pages. Those issues are off the table. Defendant has not shown Plaintiff has wrongfully withheld any communications from the four identified witnesses. Plaintiff is a large organization and all records ever created may not be retained or identifiable, especially communications like texts. Defendant has not shown Plaintiff failed to respond in good faith or wrongfully withheld relevant documents. The court declines to order Plaintiff to identify its document collection custodians and methods of electronic document recovery. The record does not support the requested relief. Defendant's request for sanctions is denied.

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