PLAINTIFF'S MOTION FOR ORDER COMPELLING DEFENDANT DENISE WILLIAMS TO FURTHER RESPOND TO DFP2 AND REQUEST FOR MONETARY SANCTION
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SF Superior Court - Law & Motion / Discovery Dept 301 - CGC22601012 - November 19, 2025 Hearing date: November 19, 2025 Case number: CGC22601012 Case title: RAYMOND VINCENT DIGIACOMO JR. VS. HEALTHRIGHT 360 ET AL Case Number: | | CGC22601012 | Case Title: | | RAYMOND VINCENT DIGIACOMO JR. VS. HEALTHRIGHT 360 ET AL | Court Date: | | 2025-11-19 09:00 AM | Calendar Matter: | | PLAINTIFF'S MOTION FOR ORDER COMPELLING DEFENDANT DENISE WILLIAMS TO FURTHER RESPOND TO DFP2 AND REQUEST FOR MONETARY SANCTION (TRANSFERRED FROM D. 602) | Rulings: | | On the Law and Motion/Discovery calendar for November 19, 2025, line 3. PLAINTIFF'S MOTION FOR ORDER COMPELLING DEFENDANT DENISE WILLIAMS TO FURTHER RESPOND TO DFP2 AND REQUEST FOR MONETARY SANCTION.
Plaintiff Raymond Vincent DiGiacomo, Jr.'s motion for an order requiring defendant Denise Williams to further respond to his second set of requests for production of documents is denied.
There is one request at issue: "All DOCUMENTS listed within Defendant Denise Williams' response to form interrogatory #17.1(d) of PLAINTIFF's Second Set of Form Interrogatories, in where said set of form interrogatories was propounded by PLAINTIFF to Defendant Denise Williams in the instant legal action."
Williams responded that she identified no documents in her response to the form interrogatory. This response is full and complete. Williams is not relying on documents for her denial of DiGiacomo's requests for admission. No further response is required.
Ordinarily a party would be required to report whether documents previously existed and were destroyed, but this RFP is in the nature of contention discovery that ascertains what a party is relying on (and might introduce at trial) in support of a particular litigating position. The court concludes these responses substantially comply with the relevant statutes.
The court denies sanctions, concluding that DiGiacomo's position with respect to the content of the response had substantial justification in Code of Civil Procedure, section 2031.230.
For guidance to the litigants, the court advises that it is easier to track discovery when it is sequentially numbered. Thus, if the first set of RFPs has 10 RFPs, the second set is customarily numbered beginning with 11, so that each RFP has a unique number.
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