LINDA L. HINKEL VS. PRIMAX INVESTMENT LLC ET AL

Matter on calendar for Friday, June 27, 2025, Line 9, PLAINTIFF LINDA HINKEL's Motion To Compel Further Responses To Demand For Inspection; To Compel Immediate Production Of Documents, And For Monetary Sanctions.

Plaintiff Linda Hinkel's Motion To Compel Further Responses To Demand For Inspection; To Compel Immediate Production Of Documents, And For Monetary Sanctions is GRANTED. Plaintiff moves under Code of Civil Procedure section 2031.310. Subdivision (a) of section 2031.310 provides: "On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general."

Plaintiff demonstrated reasonable meet and confer. The requests at issue are reasonably calculated to lead to the discovery of admissible evidence. (See CCP Section 2017.010.) The court compels further responses to RFP nos. 1 through 6. Plaintiff has shown Defendant's responses are incomplete/non-compliant. Notably, the amended responses fall far short of the relevant Code requirements and violate the letter and spirit of the California Discovery Act. Defendant has not demonstrated the merit of any cognizable objection; indeed, it appears Defendant asserted no objections in its amended responses.

Defendant must provide supplemental fully Code-compliant responses by close of business on July 3, 2025. In the event of a claim of privilege, a log must be produced by the same deadline and must be fully Code-complaint. The court does not find Defendant or its counsel acted with substantial justification in connection with this discovery. Counsel Peter Chao and Chao and Lopez, P.A. shall pay to Plaintiff $2,625 as sanctions, payment no later than by July 13, 2025.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ). | |