Motion to Compel Responses to Discovery Requests for Production of Documents, Set One, Requests for Admission, Set One, and Form Interrogatories, Set One, Against Plaintiff and Cross-Defendants 1000 Van Ness LP and James Kilpatrick; Waive Objections; Deem Facts Admitted; Request for Sanctions
Set for Law and Motion/Discovery Calendar on Monday, August 10, 2026, Line 7. Defendant and cross-complainant's Physical Culture Athletic Club LLC's motion to compel responses from plaintiff and cross-defendant 1000 Van Ness LP and cross-defendant James Kilpatrick (collectively "landlord") to PCAC's first sets of document requests and form interrogatories and to deem landlord to have admitted PCAC's requests for admission and for monetary sanctions is granted in part.
On its motion and in the interests of justice, the court consolidates this case with 630772 for discovery purposes only without prejudice to any party filing a motion to dismiss one of these two cases or a motion to consolidate both cases for all purposes. Any such motion needs to be noticed to be heard in department 501. From here on, one set of discovery and one deposition notice suffices for both cases and there will be no duplicative or overlapping discovery served or taken in the two cases.
The court deems that the discovery responses served by the landlord in case 630772 apply to the discovery served by PCAC in both cases. Accordingly, the portion of this motion requesting that the landlord be deemed to have admitted PCAC's requests for admission is denied. With the consolidation of these two cases for discovery purposes only, landlord's objections based on having to respond to substantially similar discovery requests in two cases are now moot and PCAC is entitled to receive responses to the discovery it served without such objections.
At its option, no later than August 20, 2026 PCAC may choose to proceed with the discovery it previously served in one of the two cases or it may revise its discovery requests to cover both cases and serve revised discovery requests to the landlord. Landlord must serve verified, code-compliant responses to the discovery within 30 days of an email from PCAC identifying discovery it previously served as the now applicable discovery or service of revised discovery requests by PCAC.
No monetary sanctions are awarded. Each side acted in part with substantial justification and in part without substantial justification.
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