Motion To Compel Further Responses To Requests For Production Of Documents, Set Three; Request For Monetary Sanctions
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Set for Law and Motion/Discovery Calendar on Thursday, August 06, 2026, Line 8. 1 - Plaintiff Cesar Lecaros's Motion To Compel Further Responses To Requests For Production Of Documents, Set Three; Request For Monetary Sanctions is DENIED.
Plaintiff moves under Code of Civil Procedure section 2031.310. Section 2031.310(a) provides: "On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general."
The motion shall be accompanied by a meet and confer declaration under Section 2016.040." (Code of Civil Procedure section 2031.310(b)(2).) A separate statement is required. (See California Rules of Court, rule 3.1345(c).) "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 of Civil Procedure section 2016.040.)
Defendant's unnoticed motion for a discovery stay is denied. Plaintiff here failed to file any meet and confer declaration, let alone one that complies with section 2016.040. Plaintiff represents in his MPA that he met and conferred "in writing." First, Plaintiff's representation is unsupported by evidence. Second, it is belied by Defendant's evidence. (See Cabada Decl., para. 7.) Third, plainly sending a writing does not satisfy section 2016.040, which requires conferring " either in person, by telephone, or by videoconference." Plaintiff having failed to prove he met and conferred consistent with the legislative requirement, his motion is denied. Sanctions are denied.
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