SMITH vs CANILUMA, LLC, et al.

25CV118673: SMITH vs CANILUMA, LLC, et al. 08/06/2026 Hearing on Motion to Compel Further Discovery Responses filed by MELISHA SMITH in Department 24

Tentative Ruling - 08/06/2026 Rebekah Evenson

The Motion to Compel Further Discovery Responses filed by MELISHA SMITH on 05/22/2026 is Denied.

Plaintiff’s “Motion to Compel Defendant BG Asset Management Inc. and its Employee Jose Juan Lopez to Produce Documents Listed in his Deposition Notice and Request for Monetary Sanctions” is DENIED.

Jose Juan Lopez is an employee of Defendant BG Asset Management Inc. (“BG”), but he is not a named defendant in this case. Plaintiff served BG with a deposition notice for Lopez, asking BG/Lopez to produce various documents at the deposition, including “COMMUNICATIONS”, as defined in the deposition notice. The deposition notice defined “YOU” as “defendant BG Asset Management Inc.”, not Lopez.

In this motion, Plaintiff seeks an order requiring BG to produce text message or phone communications exchanged between Plaintiff and Lopez on Lopez’s personal cell phone. The Court agrees with Plaintiff that text message and phone communications would fall within the scope of “COMMUNICATIONS” as defined in the deposition notice. However, “YOU” was defined in the deposition notice as “defendant BG Asset Management Inc.”, not Lopez. Therefore, text messages and phone communications between Plaintiff and Lopez on Lopez’s personal cell phone are not responsive to the documents sought in the deposition notice, as issued.

This order does not prevent Plaintiff from seeking production of text messages and phone communications between Plaintiff and Lopez by means of a deposition notice, document request, or subpoena that asks for such documents.

No monetary sanctions are awarded to anyone. Although this motion is denied, Plaintiff acted with substantial justification in seeking production of the requested text messages and phone communications, which appear to be directly relevant to this case and subject to discovery if the discovery request expressly requests them.