Plaintiff’s Motion to Compel Further Responses from Defendant Daniel Fraiman to Form Interrogatories – Construction (Set One)
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June 12, 2026, Civil Law & Motion Tentative Rulings
1. CU0000090 Matthew Palleschi, et al. v. Daniel Fraiman Construction, Inc. et al.
Plaintiff’s Motion to Compel Further Responses from Defendant Daniel Fraiman to Form Interrogatories – Construction (Set One)
On the Court’s motion, the hearing on Plaintiff’s motion to compel further responses from Defendant Daniel Fraiman to Form Interrogatories – Construction (Set One), and for monetary sanctions is continued to Friday, July 10, 2026, at 10:00 a.m., in Department 6, and the parties are directed to meet and confer as specified herein.
Legal Standard
Under Code of Civil Procedure section 2030.300(a), a court may order a party to serve a further response to an interrogatory when the court finds: “(1) An answer to a particular interrogatory is evasive or incomplete[;] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate[; or] (3) An objection to an interrogatory is without merit or too general.”
“A meet and confer declaration in support of a motion shall state 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.” Code Civ. Proc. § 2016.040(a) (italics added).
Analysis
At bar, Plaintiff sent Defendant a meet and confer letter on February 27, 2026 regarding the alleged inadequate responses. See Negele Decl., Ex. E. The letter only requests amended responses, and makes no mention of attempting to set up further communication with Defendant’s counsel. See id. There is no evidence that Defendant responded to Plaintiff’s meet and confer letter. Moreover, there is no evidence that the parties actually discussed the same in person or remotely. In short, there was not a sufficient and reasonable attempt by both sides to informally resolve their dispute as required.
Failing to confer or to attempt to confer “in a reasonable and good faith attempt to resolve informally any dispute concerning discovery” is a “misuse” of the discovery process and is subject to a mandatory monetary sanction. Code Civ. Proc. §§ 2023.010
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Accordingly, the hearing on Plaintiff’s motion to compel is continued to Friday, July 10, 2026, at 10:00 a.m., in Department 6. Within seven (7) days of this order, counsel for the parties are ordered to participate in a meaningful meet and confer with respect to the issues giving rise to the pending motion. Thereafter, the parties shall file a joint status report, no later than two weeks prior to the scheduled hearing, limited to five (5) pages, apprising the Court of the outcome of the meet and confer efforts and setting forth in succinct fashion each party’s position at to what discovery issues remain outstanding in relation to the pending motions. The report shall also 1
include any request for discovery sanctions by any party. To the extent that any discovery disputes remain, the parties shall file an amended separate statement at least two weeks prior to the continued hearing date.
Defendant CG West Flooring dba Artisan Hardwood Floors, Inc. Motion for an Order Compelling Plaintiffs to Answer Special Interrogatories, Set 2, and for Sanctions
On the Court’s motion, the hearing on Defendant CG West Flooring dba Artisan Hardwood Floors, Inc.’s motion for an order compelling Plaintiffs Michelle Palleschi and Matthew Palleschi to answer Special Interrogatories, Set 2, and for monetary sanctions is continued to Friday, July 10, 2026, at 10:00 a.m., in Department 6, and the parties are directed to meet and confer as specified herein.
Legal Standard
Under Code of Civil Procedure section 2030.300(a), a court may order a party to serve a further response to an interrogatory when the court finds: “(1) An answer to a particular interrogatory is evasive or incomplete[;] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate[; or] (3) An objection to an interrogatory is without merit or too general.”
“A meet and confer declaration in support of a motion shall state 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.” Code Civ. Proc. § 2016.040(a) (italics added).
Analysis
At bar, Defendant sent Plaintiffs a meet and confer letter on April 22, 2026 regarding the alleged inadequate responses. See Boardman Decl., Ex. C. The letter only requests amended responses, and makes no mention of attempting to set up further communication with Defendant’s counsel. See id. There is no evidence that Plaintiffs responded to Defendant’s meet and confer letter. In fact, Plaintiff’s counsel states, “I saw no point and did not respond to Nora’s meet and confer letter.” Negele Decl., ¶ 16.
While Mr. Negele states he held a telephone conversation with Defendant’s counsel, he does not state the efforts made to “informally resolve each issue presented by the motion” as required by Code of Civil Procedure § 2016.040(a), and the telephone call preceded Defendant’s meet and confer letter. Negele Decl., ¶ 12. On the record presented, there were no reported good faith discussions of the issues raised in Defendant’s subsequent meet and confer letter. There was no showing of a sufficient and reasonable attempt by both sides to informally resolve their dispute as required.
Failing to confer or to attempt to confer “in a reasonable and good faith attempt to resolve informally any dispute concerning discovery” is a “misuse” of the discovery process and is subject to a mandatory monetary sanction. Code Civ. Proc. §§ 2023.010(i) and 2023.020. Failing to participate in the meet and confer process is also sanctionable in the amount of $1,000.00 (after notice and an opportunity to be heard). See Code Civ. Proc. §2023.050(a)(3).
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