Blood vs. Huntington Beach Hospital

Plaintiff InsZone Insurance Services, LLC, moves to compel further responses from Defendant Daybreak Services, Inc., dba Daybreak Insurance Services to RFPs (Set One). For the following reasons, the motion is DENIED as moot.

While these motions were pending, Defendants served second amended responses to the discovery at issue, including Defendant Capizzi II’s second amended response to Form Interrogatories (Set One); Defendant Capizzi II’s second amended response to RFPs(Set One); Defendant Daybreak’s second amended response to Form Interrogatories (Set One); and Defendant Daybreak’s second amended response to RFPs(Set One). (Le Decl. ¶ 2, Exs. A-D.) Defendants also produced approximately 1,900 documents responsive to those requests. (Le Decl. ¶ 3.)

To the extent Plaintiff argues that Defendants should be ordered to comply with their statutory duty under section 2031.280(a) to identify which documents are responsive to which requests, Plaintiff submits no evidence to support that Defendants failed to comply with their statutory obligation. Arguments raised in briefs constitute the unsworn statements or testimony of counsel, which do not constitute evidence within the meaning of the Evidence Code. (In re Zeth S. (2003) 31 Cal.4th 396, 413, fn. 11; see also In re Marriage of Pasco (2019) 42 Cal.App.5th 585, 592; DiCola v. White Brothers Performance Products, Inc. (2008) 158 Cal.App.4th 666, 683.)

Sanctions

Plaintiff’s request for sanctions is granted against Defendants Vincent A. Capizzi and Daybreak Services, Inc., dba Daybreak Insurance Services, jointly and severally. (See Code Civ. Proc., §§ 2030.300(d), 2031.310(c), Cal. Rules Ct., Rule 3.1348(a).) Defendants are ordered to pay sanctions in the amount of $5,850.00, within 30 days of the service of the notice of ruling.

Plaintiff to give notice. 5 Lauren OFF CALENDAR ce vs. Mal cias 6 Blood Defendant Prime Healthcare Huntington Beach, LLC dba Huntington Beach Hospital’s Motion to vs. Compel Further Responses to Form Interrogatories (Set One) No. 17.1 is CONTINUED to Huntin AUGUST 20, 2026, at 01:30pm in Department C10. gton Beach Hospita Defendant served Plaintiff Heather Jeane Blood, who is self-represented, with the moving papers l on the motion by electronic service on May 8, 2026.