GODINA, et al. vs MERCK & CO., INC., et al.

25CV161701: GODINA, et al. vs MERCK & CO., INC., SUED INDIVIDUALLY, AS ALTER-EGO OF, AND AS SUCCESSOR-IN-INTEREST TO SCHOLL, INC. AND SCHERING-P..., et al. 07/14/2026 Hearing on Motion to Compel Walmart Inc.’s Further Responses to Plaintiffs’ Special Interrogatory, Set One; filed by CLEMENTINA GODINA (Plaintiff) CRS# 572138904978 in Department 18

Tentative Ruling - 07/09/2026 Patrick McKinney

The Motion to Compel PLAINTIFF’S NOTICE OF MOTION TO COMPEL DEFENDANT WALMART INC.’S FURTHER RESPONSES TO PLAINTIFF’S SPECIAL INTERROGATORIES, SET ONE filed by CLEMENTINA GODINA on 06/22/2026 is Denied.

Plaintiffs Clementina Godina’s (“Mrs. Godina”) and Herminio Godina’s (collectively “Plaintiffs”) Motion to Compel defendant Walmart Inc.’s (“Walmart” or “Defendant”) Further Responses to SROG Nos. 1-5 is DENIED.

The Court finds Defendant’s verified Supplemental Responses served on 7/6/2026 to be adequate under the circumstances and that most of the objections propounded have some merit.

Defendant’s Supplemental Responses are sufficiently clear that Defendant has no evidence independent of Plaintiffs’ and other defendants’ discovery in this action to support Defendant’s Prop 51 apportionment affirmative defense. Plaintiffs may certainly bring an in limine motion to bar any evidence to support this affirmative defense, to the extent that Defendant has pleaded it, not disclosed in the Supplemental Responses.

Further, the Moving Lam Declaration fails to declare facts showing compliance with CCP § 2023.010(i). The purpose of the in person, by telephone or videoconference is to meet and confer in good faith, not to confirm an impasse reached solely by written communications.

Wherefore, Plaintiff’s Motion Compel is DENIED.

CONTESTING TENTATIVE ORDERS

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1. Log into eCourt Public Portal - https://eportal.alameda.courts.ca.gov 2. Case Search 3. Enter the Case Number and select Search 4. Select the Case Name 5. Select the Tentative Rulings Tab 6. Select Click to Contest this Ruling 7. Enter your Name and Reason for Contesting 8. Select Proceed. 25CV161701: GODINA, et al. vs MERCK & CO., INC., SUED INDIVIDUALLY, AS ALTER-EGO OF, AND AS SUCCESSOR-IN-INTEREST TO SCHOLL, INC. AND SCHERING-P..., et al. 07/14/2026 Hearing on Motion to Compel Walmart Inc.’s Further Responses to Plaintiffs’ Special Interrogatory, Set One; filed by CLEMENTINA GODINA (Plaintiff) CRS# 572138904978 in Department 18