Motion to compel further responses to Request for Production (set one); Defendant’s request for monetary sanctions
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34-2020-00291438-CU-BC-GDS: Eden Gardens Center, LLC vs. Janak K. Mehtani 08/01/2023 Hearing on Motion to Compel Further Discovery Responses Production in Department 54
Tentative Ruling
Plaintiffs/Cross-Defendants Eden Garden Center, LLC and Raj Sharmas (collectively Plaintiffs) motion to compel Defendant Town and Country West, LLCs (Defendant) further responses to Request for Production (set one) is DENIED.
A motion for further responses to requests for production "shall set forth specific facts showing good cause justifying the demand." (Code Civ. Proc. § 2031.310(b)(1).) To establish "good cause," the burden is on the moving party to show both relevance to the subject matter and specific facts justifying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise at trial.) (Glenfed Develop. Corp. v. Sup. Ct. (1997) 53 Cal.App.4th 1113, 1117.) Good cause is normally established by submission of a declaration made on "information and belief." (Weil & Brown, Civil Procedure Before Trial (2000) 8:1495. 8H-26; see Grannis v. Board of Medical Examiners (1971) 19 Cal.App.3d 551, 564.)
Here, Plaintiffs fail to show good cause. There is no showing of both relevance to the subject matter and specific facts justifying discovery. The Declaration of Paul John B. Badum simply recites the meet and confer efforts between the parties. It is insufficient to show good cause.
Defendants request for monetary sanctions is DENIED.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)
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34-2020-00291438-CU-BC-GDS: Eden Gardens Center, LLC vs. Janak K. Mehtani 08/01/2023 Hearing on Motion to Compel Further Discovery Responses Production in Department 54
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