Motion to compel further verified responses to requests for production
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SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 10 Honorable Jeffrey B. El-Hajj Blanca Than, Courtroom Clerk 191 North First Street, San Jose, CA 95113 Telephone: 408-882-2210
DATE: July 21, 2026 TIME: 9:00 A.M. / 9:01 A.M. To contest the ruling, you must call (408) 808-6856 before 4:00 P.M. Make sure to let the other side know before 4:00 P.M. that you plan to contest the ruling. (Cal. Rules of Court, rule 3.1308(a)(1); Local Rule 8.D.)
**Please specify the issue to be contested when calling the Court and counsel**
9:00 A.M. LINE # CASE # CASE TITLE RULING Line 1 24CV444462 Catalina Alvez et al. v. Plaintiff Catalina Alvez’s motion to compel further verified Tina Seng et al responses to requests for production, set one, against defendant Tina Seng. (Code Civ. Proc., § 2031.310, subd. (b).)
Notice is proper and the motion is opposed by defendant. Plaintiff’s meet and confer declaration regarding letters sent to opposing counsel does not comply with the current version of Code of Civil Procedure section 2016.040, subdivision (a), which requires “facts showing a reasonable and good faith attempt, either in person, by telephone, or by videoconference, to informally resolve each issue presented by the motion.”
The motion relates to two requests for production (Nos. 2 (documents related to alterations to subject property) and 7 (documents related to complaints by plaintiffs to defendants during the tenancy)). Defendant argues the motion is moot because responsive documents were produced in July 2026. But plaintiff notes those responses are still not verified, and were not produced until the opposition to this instant motion was due.
The motion is GRANTED. Defendant must produce verified responses to request for production Nos. 2 and 7, no later than August 4, 2026.
The request for sanctions is GRANTED IN PART. Defendant Tina Seng and her counsel of record are jointly and severally responsible to pay plaintiff sanctions in the amount of $660 ($60 filing fee plus two hours of attorney fees at $300/hour). Those sanctions must be paid no later than August 4, 2026. The court will prepare the order.
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