Compelling Further Responses To Plaintiff'S Rfps, Set Two; Awarding Sanctions Of $3,000
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Set for Law and Motion/Discovery Calendar on Wednesday, June 17, 2026, Line 4. Plaintiff Kyle McFarland's Motion For Orders: 1. Compelling Further Responses To Plaintiff's RFPs, Set Two 2. Awarding Sanctions Of $3,000 Against Defendant And Its Attorney Of Record is DENIED.
Plaintiff moves under Code of Civil Procedure sections 2031.310. Section 2031.310(a) provides: "On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general." The motion shall be accompanied by a meet and confer declaration under Section 2016.040." (Code of Civil Procedure section 2031.310(b)(2).) A separate statement is required. (See California Rules of Court, rule 3.1345(c).) Plaintiff demonstrated reasonable meet and confer. Plaintiff moves to compel a further response to RFP, no.
38.
Defendant Studio Mondine, LLC's objection to no. 38 is sustained. The court finds no. 38 is substantially identical to previously served RFP, no. 27, to which Defendant responded and on which Plaintiff failed to timely seek an order compelling a further response. Plaintiff forfeited his right to compel a further response to no. 27 long ago. Plaintiff cannot recover his lost right by propounding a substantially identical request in a later RFP set. (See Professional Career Colleges v. Superior Court (1989) 207 Cal.App.3d 490.) What's over is over. On this record, the court declines to order Defendant to provide a further response to no.
38.
The court does not find Plaintiff Kyle McFarland or his counsel's actions in connection with this discovery request and motion were substantially justified. Plaintiff Kyle McFarland and counsel Zak Franklin, Elizabeth Anastasi and Franklin Law P.C., jointly and severally, shall pay to Defendant Studio Mondine, LLC $1,000 in sanctions, payment within 30 days of notice of this order. (See Code of Civil Procedure sections 2023.010, 2023.030, 2031.310(h).)
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