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

Set for Law and Motion/Discovery Calendar on Wednesday, February 18, 2026, Line 9. 1 - Plaintiff Sunstate Equipment Co., LLC's Motion For Order Compelling Defendant McKee and Company Electric, a Corporation, To Respond Without Objection To Form Interrogatories-General; Or For Order Striking Answer For Discovery Abuse, And For $2,160.00 In Monetary Sanctions is GRANTED IN PART AND DENIED IN PART.

Defendant moves under Code of Civil Procedure section 2030.290, which applies "[i]f a party to whom interrogatories are directed fails to serve a timely response." (CCP 2030.290.) 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 interrogatories. 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 Form Interrogatories-General within 15 court days of service of notice of this order.

Plaintiff's request for an order striking Defendant's answer is denied. (See City of Los Angeles v. PricewaterhouseCoopers, LLP (2024) 17 Cal.5th 46, 63 ["[A] more severe sanction is disfavored if a lesser sanction is available."] Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604 ["The trial court should select a sanction that is ' " 'tailor[ed] ... to the harm caused by the withheld discovery.' " ' "].) Plaintiff failed to establish that the requested order is appropriately tailored or that an order striking the answer, which is essentially a terminating sanction, is justified.

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, 2030.290(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.