Ferrer vs. Essence Home Care, LLC

Plaintiffs’ objections to the declaration of Jenny Nguyen are overruled.

Plaintiffs’ objections to the declaration of Daniel F. Trudell is sustained as to Exhibit B and otherwise overruled.

Moving Party shall give notice.

9 Ferrer vs. Essence Home Motion to Compel Production Care, LLC

Plaintiff Jose Ferrer’s motion to compel further responses to his first set of requests for production is GRANTED as follows. (See Code Civ. Proc., § 2031.310.)

Defendant Essence Home Care, LLC (EHC) is ORDERED to provide verified further responses without objections to plaintiff’s first set of requests for production, Nos. 11-13, 15, 17, 22, 25, 27, 28, 35-38, and 48-54, within 14 days of notice. To avoid any confusion, EHC’s further responses shall include the simultaneous production of any and all responsive documents to these requests.

Sanctions are DENIED, as plaintiff has failed to demonstrate a proper meet and confer effort. (See Code Civ. Proc., §§ 2016.040 [eff. 1/1/26], 2031.310, subd. (b)(2).) As of 1/1/26, a proper meet and confer requires “a reasonable and good faith attempt, either in person, by telephone, or by videoconference, to informally resolve each issue presented by the motion.” (Id., § 2016.040.) In other words, a mere letter is no longer enough. Plaintiff should have agreed to the telephonic conference requested by EHC’s counsel. (See LaCour Decl. ¶¶ 12-13.)

Plaintiff shall give notice.