BARBARA ELLEN JONES ET AL VS. 1925 LEAVENWORTH HOMEOWNERS ASSOCIATION ET AL

Set for Law and Motion/Discovery Calendar on Wednesday, February 11, 2026, Line 3.

4 - Defendant 1925 Leavenworth Homeowners' Association's motion to compel Plaintiff Barbara Ellen Jones's further responses to Defendant's supplemental requests for the production of documents is DENIED.

Defendant moves under Code of Civil Procedure section 2031.300, which applies "[i]f a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it." (CCP 2031.300.) Plaintiff has established that she provided responses to Defendant's supplemental requests for the production of documents on November 17, 2025. (Jones Decl. 9.) Defendant does not dispute this. (Motion at 5:24-25.) The court therefore finds that the motion is moot.

Further, Defendant is reminded that supplemental document requests are only proper "to inspect, copy, test, or sample any later acquired or discovered documents, tangible things, land or other property, or electronically stored information in the possession, custody, or control of the party on whom the demand is made." (CCP 2031.050.) Defendant openly admits that the supplemental requests were propounded "in an attempt to obtain the information requested" in its initial set of requests after Defendant missed the deadline to file a motion to compel further responses, rather than to elicit later-acquired information. (Motion at 6:16-17.) Defendant did not properly serve supplemental document requests under section 2031.050.

The court finds that Defendant 1925 Leavenworth Homeowners' Association did not act with substantial justification in connection with this discovery. Defendant 1925 Leavenworth Homeowners' Association shall pay $250 as sanctions, payable to the Clerk of the Court, payment no later than March 10, 2026, receipt filed no later than March 17, 2026. (See Code of Civil Procedure sections 2023.030, 2031.300(c).) Such payment reimburses the court for a portion of the costs spent adjudicating this motion and addressing the sanctioned party's discovery abuse.

Plaintiffs' request for fees is denied because it did not provide adequate notice of, among other things, amount.

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.