Rodriguez v. Allstate Insurance Company

with, or maintained in connection with Plaintiffs' 2017 Honda Pilot. AHM further objects to the Request to the extent it seeks documents or information not within AHM's possession, custody, or control, including dealer-generated records, dealer-maintained diagnostic data, repair information, or communications that reside exclusively with independent authorized Honda dealerships. AHM objects to this request to the extent it calls for information that is confidential, commercially sensitive, and/or proprietary."

Plaintiffs have not shown good cause for the breadth of this discovery request. Plaintiffs have not shown that this broad request seeks information that is either admissible at trial or reasonably calculated to lead to the discovery of admissible evidence. The requests do not "[d]esignate the documents" to be produced "either by specifically describing each individual item or by reasonably particularizing each category of item," as required by Code of Civil Procedure section 2031.030, subdivision (c)(1). The objections on these grounds are sustained.

The Court need not reach, and does not reach, Defendant's other objections. It may well be that some of the documents requested may be discoverable, but the request, as presented, is not code compliant.

Both sides' requests for sanctions are denied. Plaintiffs' request for sanctions is denied because the motion to compel is denied. Defendant's request for sanctions is denied on the ground that the Court finds that Plaintiffs have acted with substantial justification.

Conclusion

The Court DENIES the motion of Plaintiffs Evelyn Chairez and Eddie Chairez to compel Defendant America Honda Motor Co. to provide further responses to Requests for Production of Documents (Set Two). The Court DENIES both parties' requests for sanctions. Moving Party is ORDERED to give notice.

Company

Defendant's Motion to Compel Non-Party Global Estimates, LLC to Comply with Deposition Subpoena Tentative Ruling

The motion is denied without prejudice. Defendant Allstate Insurance Company ("Defendant") moves for an order compelling Global Estimates, LLC, a non-party, to comply with a deposition subpoena and to pay monetary sanctions. Defendant has not, however, submitted a proof of service showing that the non-party was served with the motion.

"A written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record." (Cal. Rules of Court, rule 3.1346.)

Absent proof of proper service of the motion and all supporting papers on a non-party, the Court may not enter an order compelling the non-party to comply with a subpoena or pay sanctions. Accordingly, the motion is denied without prejudice. Moving party is ordered to give notice. |