| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
|---|
Motion to compel further responses to Request for Production (set one); Defendant’s request for monetary sanctions
34-2020-00291438-CU-BC-GDS: Eden Gardens Center, LLC vs. Janak K. Mehtani 08/01/2023 Hearing on Motion to Compel Further Discovery Responses Production in Department 54
Tentative Ruling
Plaintiffs/Cross-Defendants Eden Garden Center, LLC and Raj Sharmas (collectively Plaintiffs) motion to compel Defendant Town and Country West, LLCs (Defendant) further responses to Request for Production (set one) is DENIED.
A motion for further responses to requests for production "shall set forth specific facts showing good cause justifying the demand." (Code Civ. Proc. § 2031.310(b)(1).) To establish "good cause," the burden is on the moving party to show both relevance to the subject matter and specific facts justifying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise at trial.) (Glenfed Develop. Corp. v. Sup. Ct. (1997) 53 Cal.App.4th 1113, 1117.) Good cause is normally established by submission of a declaration made on "information and belief." (Weil & Brown, Civil Procedure Before Trial (2000) 8:1495. 8H-26; see Grannis v. Board of Medical Examiners (1971) 19 Cal.App.3d 551, 564.)
Here, Plaintiffs fail to show good cause. There is no showing of both relevance to the subject matter and specific facts justifying discovery. The Declaration of Paul John B. Badum simply recites the meet and confer efforts between the parties. It is insufficient to show good cause.
Defendants request for monetary sanctions is DENIED.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)
NOTICE:
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.
Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure 367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings. The Department 53/54 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL
34-2020-00291438-CU-BC-GDS: Eden Gardens Center, LLC vs. Janak K. Mehtani 08/01/2023 Hearing on Motion to Compel Further Discovery Responses Production in Department 54
APPEARANCES WILL BE ACCEPTED.
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-13.Pdf
A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list.
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporters Office and an official reporter will be provided.