EMBAYE vs OAKTOWN PARKING, A GENERAL PARTNERSHIP

23CV032657: EMBAYE vs OAKTOWN PARKING, A GENERAL PARTNERSHIP 08/24/2026 Hearing on Motion to Compel Further Discovery; filed by Desta Embaye (Plaintiff) CRS# A-32657-003 in Department 19

Tentative Ruling - 08/19/2026 Joscelyn Jones

On Plaintiff’s unopposed Motion to Compel Further Responses to Request for Production of Documents Set One and for Monetary Sanctions, ALL COUNSEL ARE TO APPEAR, IN PERSON (not by Zoom.)

Plaintiff seeks an order (1) that Defendant serve further amended, verified responses to Request for Production of Documents Set One and produce all responsive documents within 21 days; (2) that the Court award monetary sanctions of $1100 against Defendant; and (3) that the Court issue an order to show cause re contempt against Defendant or its counsel.

There does not appear to be anything facially deficient about Defendant’s verified responses to Request for Production of Documents Set One. Plaintiff contends that Defendant must have more responsive documents than the nine pages of documents Defendant has already produced, but Plaintiff does not present any admissible evidence supporting that assertion. Absent admissible evidence that Defendant is withholding responsive documents, the Court is strongly disinclined to issue an order to show cause re contempt.

The Court may be inclined to issue evidentiary sanctions preventing Defendant from introducing into evidence, at trial or any other motion or proceeding in this case, any documents responsive to Request for Production of Documents Set One that Defendant has not already produced as of the date this motion is being heard.

Plaintiff may also choose to file a motion seeking issue sanctions, if Plaintiff can articulate issue sanctions that have a clear connection to the responsive documents that Defendant allegedly has in its possession or control but has purportedly failed to produce.

Defense counsel shall appear at the hearing prepared to explain what efforts counsel has made to locate documents responsive to Request for Production of Documents Set One.