Motion to Compel Further Responses and for Monetary Sanctions
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25CV-06687 Rebecca Muro vs Wendy’s of the Pacific, Inc.
Motion to Compel Further Responses and for Monetary Sanctions
Continued to July 17, 2026, at 8:15 a.m. in Courtroom 8.
“A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt, either in person, by telephone, or by video conference, to informally resolve each issue presented by the motion.” (Code Civ. Proc., § 2016.040, subd. (a), [italics added].)
Although a meet and confer declaration was filed by Plaintiff, it only states that a meet and confer letter was sent by email on April 28, 2026, which was responded to by Defendant by email on May 8, 2026, and a subsequent meet and confer letter sent by email on May 14, 2026 (Meehan Decl. ¶¶ 4-6, Exhibits D, E, F). Pursuant to Code of Civil Procedure section 2016.040 subdivision (a), there must be a reasonable and good faith attempt to meet and confer in person, by telephone, or by video conference. The singular phone call attempt as stated in Plaintiff’s reply is insufficient.
The parties are ordered to engage in meet and confer efforts over their dispute in person, by phone, or by video conference, as required by Code of Civil Procedure section 2016.040, subdivision (a).
If the parties are able to resolve their dispute, then Plaintiff shall promptly take the motion to compel further responses off calendar. If the parties are not able to resolve their dispute, then Plaintiff’s counsel shall file a declaration regarding the meet and confer efforts by July 10, 2026.
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