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CGC25625638·sf·Civil·Discovery Motion
GRANTED IN PART AND DENIED IN PART.

SUNSTATE EQUIPMENT CO., LLC VS. MCKEE AND COMPANY ELECTRIC, A CORPORATION ET AL

Notice Of Motion And Motion For Order Compelling Defendant Mckee And Company Electric, A Corporation To Provide Responses To Request For Production (Set No. One) And Produce Documents; And Request For Monetary Sanctions In The Amount Of $2,160.00 Or Issue Sanctions

Hearing date
Feb 18, 2026
Department
302
Judge
Prevailing
Mixed

Motion type

Motion to Compel DiscoveryMotion for Sanctions

Monetary amounts referenced

$2,160.00$960.00

Parties

PlaintiffSUNSTATE EQUIPMENT CO., LLC
DefendantMCKEE AND COMPANY ELECTRIC, A CORPORATION

Attorneys

John D. Guerrinifor Plaintiff

Ruling

Set for Law and Motion/Discovery Calendar on Wednesday, February 18, 2026, Line 9. 2 - Plaintiff Sunstate Equipment Co., LLC's Motion For Order Compelling Defendant McKee and Company Electric, a Corporation, To Provide Responses to Request for Production (Set No. One) and Produce Documents; And Request for Monetary Sanctions in the Amount of $2,160.00 or Issue Sanctions is GRANTED IN PART AND DENIED IN PART.

Defendant moves under Code of Civil Procedure section 2031.300, which applies "[i]f a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it." (CCP 2031.300.) The discovery requests at issue appear reasonably calculated to lead to the discovery of admissible evidence. (See Code of Civil Procedure section 2017.010.)

Defendant McKee and Company Electric has not established that it has provided any responses to the RFPs. Defendant's non-responses is not excused. No meet and confer requirement exists for motions to compel responses for Interrogatories when no responses have been provided. (Code of Civil Procedure section 2030.290.)

Defendant McKee and Company Electric shall serve verified, objection-free, substantive responses to Plaintiff Sunstate Equipment Co., LLC's Request for Production (Set No. One) within 15 court days of service of notice of this order. Plaintiff's request for issue sanctions is denied. Plaintiff's request for an order of production is denied as premature.

The court does not find Defendant McKee and Company Electric acted with substantial justification in connection with this discovery. Defendant McKee and Company Electric shall pay $960.00 to Plaintiff Sunstate Equipment Co., LLC, payment within 20 days of notice of this Order. (See Code of Civil Procedure sections 2023.010. 2023.030, 2031.300(c).) To the extent Plaintiff seeks different or additional relief, the motion is denied.

Moving Party is ordered to prepare a proposed order verbatim the above and email it to contestdept302tr@sftc.org prior to the time set for this hearing.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall

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