| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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Notice Of Continuance And Request To Continue Motion To Compel Further Responses To Request For Production Of Documents, Set One From The Gap, Inc., To Compel Production Of Documents, And For Sanctions
SF Superior Court - Law & Motion / Discovery Dept 301 - CGC24615167 - August 26, 2025 Hearing date: August 26, 2025 Case number: CGC24615167 Case title: THE GAP, INC., A DELAWARE CORPORATION VS. SVES GO, LLC, A FLORIDA LIMITED LIABILITY COMPANY ET AL Case Number: | | CGC24615167 | Case Title: | | THE GAP, INC., A DELAWARE CORPORATION VS. SVES GO, LLC, A FLORIDA LIMITED LIABILITY COMPANY ET AL | Court Date: | | 2025-08-26 09:00 AM | Calendar Matter: | | Notice Of Continuance And Request To Continue Motion To Compel Further Responses To Request For Production Of Documents, Set One From The Gap, Inc., To Compel Production Of Documents, And For Sanctions | Rulings: | | Matter on the Law & Motion / Discovery calendar for Tuesday, August 26, 2025, Line 4 [Part 1 of 2 of the tentative ruling].
DEFENDANT SVES GO, LLC's Motion To Compel Further Responses To Request For Production Of Documents, Set One From The Gap, Inc., And For Sanctions. Defendant SVES GO, LLC's motion to compel further responses by The Gap, Inc. to its first set of request for production of documents is continued for hearing to November 3, 2025. The court orders SVES GO LLC to show cause on or before November 3, 2025 why it should not be sanctioned $500, payable to the court, for filing a discovery motion without first making good faith efforts to informally resolve the dispute.
SVES GO served its discovery on the Gap on February 19, 2025. Gap submitted timely, unverified responses on April 7, 2025. (Allender Dec. para. 2; Vahedi Dec. para. 3.) SVES GO's first meet and confer efforts occurred on June 3 or June 7, 2025, with an email stating that the discovery was not verified. (Allender Dec. para. 2; Vahedi Dec. para. 4.) Gap subsequently submitted the verification on June 11, 2025. (Vahedi Dec. para. 4.) SVES GO sent a meet and confer letter on June 19, 2025 that demanded amendment of the responses by July 1, 2025. (Vahedi Dec. para. 5 & Ex.
D.) Rather than wait until that deadline for a response to the meet and confer effort, SVES GO filed this motion on June 25, 2025. At the time the motion was filed, Gap had not produced any documents. (Vahedi Dec. para. 5.) By the time Gap's opposition was filed, it had produced documents that were not subject to dispute. (Allender Dec. para. 4.) SVES GO contends this production is insufficient and asks for an order compelling further production. (Vahedi Reply Dec. para. 8.)
Insofar as SVES GO's motion seeks an order overruling Gap's objections to its RFPs and to make further responses, the court finds that SVES GO is not entitled to relief at this time because SVES has not satisfied its obligation to meet and confer. A party is required to make good faith efforts to resolve discovery disputes before invoking the court's assistance. (Code Civ. Proc., section 2031.310, subd. (b)(2).) Sending a letter without waiting for a response does not constitute a sufficient good faith effort at informal resolution. (See
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When the court makes a finding that a party has failed to meet and confer, the court must consider the remedy. Denying the motion outright is one option but should be reserved for egregious circumstances because it can amount to a summary denial of discovery. (Obregon, supra, at pp. 433-434.) Here, the court concludes that it is appropriate to continue this motion for hearing to November 3, 2025. The parties are ordered to meet and confer forthwith and to complete their meet and confer efforts by no later than September 26, 2025.
They must meet and confer telephonically, over videoconference, or in person. If the disputes remain unresolved, SVES GO shall submit a supplemental brief of no more than 10 pages, a supplemental separate statement, and any supporting declarations by no later than October 10, 2025. Gap may submit a supplemental brief of no more than 10 pages, a supplemental separate statement, and any supporting declarations by no later than October 24, 2025.
For the guidance of the parties: Gap has not waived its objections by failing to verify its initial responses. Verifications are required, but a party preserves objections by submitting timely unverified responses. [End of part 1 of 2 of the tentative ruling.] =(301/CVA | |