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Notice Of Motion & Motion To Compel Initial Responses To Plaintiff'S Requests For Production, Set Three (Cpp 2031.300)
Set for Law and Motion/Discovery Calendar on Monday, November 10, 2025, Line 3. PLAINTIFF GENOA MARTELL's Motion To Compel Initial Responses To Plaintiff'S Requests For Production, Set Three (Cpp 2031.300).
Plaintiff Genoa Martell's Motion to Compel Initial Responses to Plaintiff's Requests for Production, Set Three is GRANTED. The discovery requests at issue appear reasonably calculated to lead to the discovery of admissible evidence. (See Code of Civil Procedure section 2017.010.) The record demonstrates Defendant did not provide any responses to the RFPs. No meet and confer requirement exists for motions to compel responses for requests for production of documents when no responses have been provided. (Code of Civil Procedure section 2031.300.)
Plaintiff electronically served the RFPs on Defendant Wish US Holdings, Inc. on August 22, 2025. On September 26, 2025, Defendants did not ask for an extension due to the transition between Defendant's counsel. Instead, they told Plaintiff in an e-mail that they would provide responses within a couple weeks. (Martell Decl., Ex. B.) More than a month later, Defendants still had not provided any responses to Plaintiff's requests.
While it appears Defendant has now served responses and, therefore, no order compelling responses is necessary, it remains true that Defendant misused discovery and breached its obligations under the Discovery Act. The court does not find Defendant Wish US Holdings, Inc. acted with substantial justification, nor does it find that imposition of sanctions Defendant Wish US Holdings, Inc. would otherwise be unjust. (See Code of Civil Procedure section 2031.300(c).) Defendant Wish US Holdings, Inc. shall pay $750 as sanctions, payable to the Clerk of the Court, payment no later than November 14, 2025, receipt filed no later than November 21, 2025. Such payment reimburses the court for a portion of the costs spent adjudicating this motion.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
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Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) | |