Eden Gardens Center, LLC vs. Janak K. Mehtani

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 Sharma’s (collectively “Plaintiffs”) motion to compel Defendant Town and Country West, LLC’s (“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.

Defendant’s 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.)

NOTICE:

Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:

To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.

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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

APPEARANCES WILL BE ACCEPTED.

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