Superior Court, State of California
Transcription
Superior Court, State of California
SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 8, Honorable Maureen A. Folan, Presiding Lorna Delacruz, Courtroom Clerk Keith Rowan, Court Reporter 191 North First Street, San Jose, CA 95113 Telephone: 408.882.2180 To contest the ruling, call (408) 808-6856 before 4:00 P.M. LAW AND MOTION TENTATIVE RULINGS DATE: March 17, 2015 TIME: 9 A.M. THE COURT WILL PREPARE THE ORDER ON ANY NON-CONTESTED MATTER WHERE THE COURT ADOPTS TENTATIVE RULING TROUBLESHOOTING TENTATIVE RULINGS If you see last week’s tentative rulings, you have checked prior to the posting of the current week’s tentative rulings. You will need to either “REFRESH” or “QUIT” your browser and reopen it. If you fail to do either of these, your browser will pull up old information from old cookies even after the tentative rulings have been posted. LINE # CASE # CASE TITLE RULING LINE 1 115CV275847 S. Quach, et al vs. Bank of Click Control Line 1 for Tentative Ruling America, N.A., et al LINE 2 114CV271661 L. Esparza vs. Cupertino Union School District, et al LINE 3 115CV276626 M. Reyes, et al vs. Nationstar Mortgage LLC Defendant filed a Notice of Removal to Federal Court on March 11, 2015. The Court does not have jurisdiction to entertain Plaintiff’s Motion to Seal. 28 USC Section 1446(6) LINE 4 109CV153731 Hopkins & Carley vs. S. Raissi LINE 5 114CV264839 J. Jones, et al vs. Sivision Click Control Line 5 for Tentative Rulings on Inc., et both matters. Click Control Line 2 for Tentative Ruling Moving Party’s Motion To Be Relieved As Counsel for Sasan Raissi is UNOPPOSED and GRANTED, good cause appearing. SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 8, Honorable Maureen A. Folan, Presiding Lorna Delacruz, Courtroom Clerk Keith Rowan, Court Reporter 191 North First Street, San Jose, CA 95113 Telephone: 408.882.2180 To contest the ruling, call (408) 808-6856 before 4:00 P.M. LAW AND MOTION TENTATIVE RULINGS LINE 6 114CV266569 The Patio Wine company, LLC, et al vs. Lexington Street Investments, LLC, et al Venue in this matter was transferred to Napa County by Order dated 2-6-15 so the Court questions whether it has jurisdiction to entertain Defendant’s Motion for Sanctions. Even if the Court had jurisdiction, Defendant’s Motion for Sanctions under CCP Section 128.5 is DENIED. CCP Section 128.5 does not apply to any form of litigation misconduct in lawsuits filed after 1994. General litigation conduct sanctions are available, if at all, only under CCP Section 128.7. Olmstead v Arthur J. Gallagher & Co (2004) 32 Cal 4th 804,807. LINE 7 115CV275814 A. Low, et al vs. Benetech, Petitioners’ Petition and Motion to Confirm Inc. et al FINRA Arbitration Award is UNOPPOSED and GRANTED, good cause appearing. The Award is hereby confirmed in its entirety. The Court will sign the order submitted by moving party. LINE 8 110CV179108 Capital One Bank (USA) N.A. vs. M. Valle LINE 9 The Court has not yet received 113CV247998 State Farm Mutual documentation regarding the interest Automobile Insurance Company v. E. Gutierrez- calculation it requested. Martin Judgment’s Debtor’s Claim of Exemption is GRANTED, in part. Judgment Debtor has assets that are not used for the support of her or her family in the amount of $50 each month. Plus Judgment Debtor is paying unsecured creditors monthly and has several hundred dollars in a bank account. The Court feels Judgment Debtor can pay $50 a month towards the subject judgment. SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 8, Honorable Maureen A. Folan, Presiding Lorna Delacruz, Courtroom Clerk Keith Rowan, Court Reporter 191 North First Street, San Jose, CA 95113 Telephone: 408.882.2180 To contest the ruling, call (408) 808-6856 before 4:00 P.M. LAW AND MOTION TENTATIVE RULINGS LINE 10 114CV259405 R. Laton vs. B. Williams et Cross-complainants’ (“Williams”) Motion to al File a Supplemental Cross-Complaint is denied without prejudice. The Williams filed their original cross-complaint on March 14, 2014 for breach of contract and intentional misrepresentation arising out of the landlord tenant relationship they had with crossdefendant (“Laton”). Now, in their proposed supplemental cross-complaint, the Williams wish to plead new and separate causes of actions against Laton for defamation and trade libel arising out of Laton’s alleged poor online reviews of the Williams’ design business. The proposed supplemental crosscomplaint does not include the original claims for breach of contract and intentional misrepresentation. The Williams have chosen the wrong vehicle to assert their new claims. A supplemental pleading cannot be used to allege facts constituting entirely new causes of action. The “occurring after” facts must supplement the cause of actions originally pleaded. Flood v Simpson (1975) 45 Cal App 3d 644, 647. The Williams must file a Motion for Leave to Amend their Cross-Complaint to allege their claims for defamation and trade libel. The Williams are instructed to comply with the requirements of the Code of Civil Procedure and California Rules of Court in seeking to amend their cross-complaint. LINE 11 113CV247083 C. Garcia vs. Madura Restaurant, et al LINE 12 LINE 13 LINE 14 LINE 15 LINE 16 LINE 17 LINE 18 OFF CALENDAR per Gautam Dutta SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 8, Honorable Maureen A. Folan, Presiding Lorna Delacruz, Courtroom Clerk Keith Rowan, Court Reporter 191 North First Street, San Jose, CA 95113 Telephone: 408.882.2180 To contest the ruling, call (408) 808-6856 before 4:00 P.M. LAW AND MOTION TENTATIVE RULINGS LINE 19 LINE 20 LINE 21 LINE 22 LINE 23 LINE 24 LINE 25 LINE 26 LINE 27 LINE 28 LINE 29 LINE 30 Calendar line 1 Case Name: Silvie Thu-Hian Quach, et al. v. Bank of America N.A., et al. Case No.: 1-15-CV-275847 This action arises from foreclosure proceedings initiated against real property in San Jose (the “Property”). (Complaint, ¶¶ 7, 13.) Plaintiff CHR Property, LLC (“CHR”) owns the Property and plaintiff Silvie Thu-Hian Quach (“Quach”) is a member of CHR who resides at the Property. (Id., ¶¶ 7-8.) According to the allegations of the complaint, in January of 2003, Quach mortgaged the Property in exchange for a loan from the predecessor of defendant Bank of America, N.A. (“Bank of America”). (Id., ¶ 9.) In 2008, she applied for a loan modification from Bank of America, which Bank of America has yet to approve or deny. (Id., ¶ 10-11.) In 2014, Bank of America transferred the servicing of Quach’s loan to defendant Specialized Loan Servicing, LLC (“Specialized”). (Id., ¶ 12.) On or about December 23, 2014, a notice of trustee sale was recorded against the Property. (Id., ¶ 13.) On January 22, 2015, CHR and Quach (collectively, “Plaintiffs”) filed the present action against Bank of America and Specialized (collectively, “Defendants”), asserting claims for (1) violation of the Homeowners’ Bill of Rights (“HBR”) and (2) breach of contract. Currently at issue is Defendants’ demurrer to the complaint on the grounds that Bank of America has been misjoined (Code Civ. Proc., § 430.10, subd. (d)); the first and second causes of action do not state a claim (Code Civ. Proc., § 430.10, subd. (e)); the complaint is vague, ambiguous, and uncertain concerning which defendant is being sued in each cause of action (Code Civ. Proc., § 430.10, subd. (f)); and no contract supporting the second cause of action is attached (Code Civ. Proc., § 430.10, subd. (g)). I. Request for Judicial Notice Defendants’ request for judicial notice of recorded documents associated with the Property is GRANTED given that the authenticity of these documents is not challenged. (See Evid. Code § 452, subd. (h) [facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy are an appropriate subject of judicial notice]; Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 [“[A] court may take judicial notice of the fact of a document’s recordation, the date the document was recorded and executed, the parties to the transaction reflected in a recorded document, and the document’s legally operative language, assuming there is no genuine dispute regarding the document’s authenticity. From this, the court may deduce and rely upon the legal effect of the recorded document, when that effect is clear from its face.”].) II. Uncertainty Defendants contend that the complaint is uncertain concerning which claims are alleged against each of them. While uncertainty is a disfavored ground for a demurrer, a demurrer on this ground may lie where multiple claims are asserted against multiple defendants and the plaintiffs have failed to identify which claims are asserted against which defendants. (See Williams v. Beechnut Nutrition Corp. (1986) 185 Cal.App.3d 135, 139 fn.2.) In such instances, if a defendant cannot reasonably ascertain which issues must be admitted or denied or what counts or claims are directed against it, the complaint will be deemed uncertain. (See id.) The first cause of action clearly alleges that both Defendants violated the HBR. (Complaint, ¶ 16.) On the other hand, Defendants correctly urge that the second cause of action includes specific allegations as to Bank of America only, but sets forth general allegations implicating Specialized as well. (See Complaint, ¶¶ 21-30.) Consequently, it cannot be reasonably ascertained whether the second cause of action is directed towards Specialized in addition to Bank of America. The demurrer based on uncertainty is accordingly SUSTAINED WITH 10 DAYS’ LEAVE TO AMEND as to Specialized with regards to the second cause of action. Defendants’ demurrer on this ground is otherwise OVERRULED. III. Bank of America Both of Plaintiffs’ claims arise from Defendants’ alleged initiation of the current foreclosure proceedings. (See Complaint, ¶¶ 16, 27.) However, Bank of America assigned the deed of trust associated with the Property to HSBC Bank, USA, National Association (“HSBC”) in January 2013. (See Request to Take Judicial Notice ISO Defendants’ Demurrer, Ex. C, “Assignment of Deed of Trust.”) This assignment took place several months before the documents associated with the foreclosure at issue were recorded at HSBC’s instruction. (See id., Ex. F, “Notice of Default and Election to Sell” dated July 2014, indicating that HSBC should be contacted in connection with the foreclosure; Complaint, ¶ 13, Ex. A [notice of trustee sale was recorded on December 23, 2014].) Plaintiffs do not challenge the authenticity of the documents establishing this chain of events, but argue without explanation that Bank of America “has continued to have an interest in the loan.” Despite Plaintiffs’ argument, the Court may “rely upon the legal effect of the [assignment], when that effect is clear from its face.” (Fontenot v. Wells Fargo Bank, N.A., supra, 198 Cal.App.4th at p. 265.) In light of the above, it appears that Bank of America did not initiate the foreclosure proceedings at issue, and the complaint consequently fails to state a claim against Bank of America. The demurrer is thus SUSTAINED WITH 10 DAYS’ LEAVE TO AMEND as to Bank of America. (Code Civ. Proc., § 430.10, subd. (e).) 1 1 Defendants contend that Bank of America was misjoined to this action. (Code Civ. Proc., § 430.10, subd. (d).) However, their arguments pertain to the issue of whether Plaintiffs state a claim against Bank of America at all, not to whether Bank of America belongs in the same action as Specialized. Where, as here, “a right to relief was asserted against [a defendant] arising out of the same transaction, with at least one question of law or fact common to all the other defendants,” joinder is proper. (SEIU v. Hollywood Park (1983) 149 Cal.App.3d 745, 758 [citing Code Civ. Proc., § 379, subd. (a)(1)].) IV. Specialized A. The First Cause of Action for Violation of the HBR Defendants contend that neither Plaintiff has standing to assert a claim under the HBR, which applies only to “owner-occupied residential real property.” (Civ. Code, § 2924.15, subd. (a).) Defendants urge that because Quach has assigned her interest in the Property to CHR, the Property is no longer “owner-occupied.” However, the HBR defines “owner-occupied” to mean “that the property is the principal residence of the borrower and is security for a loan made for personal, family, or household purposes.” (Civ. Code, § 2924.15, subd. (a), italics added.) Here, Quach alleges that she is the borrower of the mortgage loan at issue, which Defendants do not dispute. (Complaint, ¶ 9.) Accordingly, Plaintiffs have alleged standing to assert a claim under the HBR. The demurrer to the first cause of action is thus OVERRULED as to Specialized. B. The Second Cause of Action for Breach of Contract In addition to their demurrer for uncertainty, Defendants argue that the second cause of action does not state a claim against Specialized. Given that Plaintiffs do not allege that Specialized was a party to the contract at issue in this claim, this argument has merit. (See CACI 302 [existence of the contract between the parties is a required element of a claim for breach of contract]; Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821 [same].) The demurrer to the second cause of action is thus SUSTAINED WITH 10 DAYS’ LEAVE TO AMEND as to Specialized on the additional ground that it fails to state a claim. (Code Civ. Proc., § 430.10, subd. (e).) - oo0oo - Calendar line 2 Case Name: Leonard V. Esparza v. Cupertino Union School District, et al. Case No.: 1-14-CV-271661 Plaintiff Leonard V. Esparza (“Esparza”) alleges that defendant Kara Butler (“Butler”), the Principal of defendant Cupertino Union School District (“Cupertino Union”), conducted a random, warrantless search of his luggage without his permission, violating district policy and his civil rights. (Complaint, p. 5.) As a result of the search, criminal charges were filed against Esparza and he incurred attorneys’ fees and fines related to those proceedings. (Id., p. 3.) On October 9, 2014, Esparza, who is representing himself, filed this action against Butler, Cupertino Union, Cupertino Union’s Superintendent Wendy Gudalewicz, and members of Cupertino Union’s board (collectively, “Defendants”). The complaint asserts a single claim labeled as an intentional tort. Currently at issue is Defendants’ demurrer to the complaint on the grounds of uncertainty (Code Civ. Proc., § 430.10, subd. (f)) and failure to state a claim (Code Civ. Proc., § 430.10, subd. (e)). I. Uncertainty The demurrer for uncertainty is OVERRULED. Defendants fail to specify in what respects the complaint is uncertain, and Esparza’s allegations are clear enough to enable a response. (See Khoury v. Maly’s of California, Inc. (1993) 14 Cal.App.4th 612, 616 [“A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures.”]; Fenton v. Groveland Community Services Dist. (1982) 135 Cal.App.3d 797, 809 [a demurrer for uncertainty must distinctly specify how or why the pleading is uncertain, and where the uncertainty appears], disapproved on another ground by Katzberg v. Regents of University of California (2002) 29 Cal.4th 300, 328, fn. 30.) II. Failure to State a Claim As an initial matter, Defendants contend that Esparza fails to state a claim because his complaint does not indicate that he has complied with the claim presentation requirement governing lawsuits against public entities. However, Esparza clearly alleges that he has complied with this requirement. (See Complaint, p. 2, ¶ 9.) Nevertheless, Defendants correctly urge that a tort claim against a government entity must be pleaded with specificity. (See Searcy v. Hemet Unified School Dist. (1986) 177 Cal.App.3d 792, 802 [“in California all government tort liability is dependent on the existence of an authorizing statute or ‘enactment,’” which “must at the very least be identified”], citing Gov. Code, § 815, subd. (a); Susman v. City of Los Angeles (1969) 269 Cal.App.2d 803, 809 [“In view of the fact that tort causes of action against public entities are now based on statute, the general rule that statutory causes of action must be pleaded with particularity is applicable.”].) Here, Esparza fails to identify the nature of his tort claim or the statute or statutes that authorize it. Furthermore, Esparza fails to plead facts supporting any recognizable tort claim. In opposition, 2 Esparza contends that a demand letter he sent to Defendants clarifies that his claim is one for invasion of privacy. However, such a theory is not set forth in his complaint. (See Sanchez-Scott v. Alza Pharms. (2001) 86 Cal.App.4th 365, 372 [claim for tortuous invasion of privacy on an intrusion theory “consists of two elements: ‘(1) the intrusion into a private place, conversation or matter, (2) in a manner highly offensive to a reasonable person’”].) Accordingly, Defendants are correct that Esparza fails to state a claim on a tort theory. Nevertheless, on demurrer, courts consider whether the allegations state a claim “under any theory, regardless of the title under which the factual basis for relief is stated.” (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38.) The complaint must be “liberally construed, with a view to substantial justice between the parties.” (Code Civ. Proc., § 452.) Here, Esparza alleges that Butler’s actions violated “civil rights guaranteed by the United States and California.” (Complaint, p. 5.) While such language may implicate various federal or California statutory claims, again, no statutes are identified, and any such claims are not pleaded with adequate specificity. (See Covenant Care, Inc. v. Super. Ct. (Inclan) (2004) 32 Cal.4th 771, 790 [statutory causes of action must be pleaded with particularity].) Esparza’s complaint also suggests that Defendants’ actions may have violated the United States and California constitutions. However, the elements of any constitutional claim are not stated in Esparza’s complaint, which does not describe Esparza’s relationship to the Defendants, the nature of the “luggage” that was searched, or the circumstances of the search. (See County of Los Angeles v. Los Angeles County Employee Relations Com. (2013) 56 Cal.4th 905, 926 [California constitutional invasion of privacy claim requires three essential elements: (1) a legally protected privacy interest; (2) an objectively reasonable expectation of privacy; and (3) an invasion of privacy serious in both its nature and scope]; O’Connor v. Ortega (1987) 480 U.S. 709, 719, 726 [Fourth Amendment violation requires a reasonable expectation of privacy and an unreasonable search, considering whether the search was justified at its inception and whether it was conducted in a manner reasonably related in scope to the circumstances that justified it].) In light of the above, Defendants’ demurrer is SUSTAINED WITH 10 DAYS’ LEAVE TO AMEND for failure to state a claim. 3 - oo0oo - 2 Esparza’s opposition papers were filed after the deadline provided by the Code of Civil Procedure. While the Court has reviewed them, it notes that the arguments raised therein do not form the basis for its ruling. 3 According to Defendants, the complaint demonstrates that the elements of a Fourth Amendment claim cannot be established here. However, Defendants’ argument is based upon asserted “allegations” by Esparza that are not actually reflected in the complaint, and which are not appropriate subjects of judicial notice. The Court will not consider such assertions on demurrer. Further, Esparza may be able to state a claim on another theory. Calendar line 3 - oo0oo - Calendar line 4 - oo0oo - Calendar line 5 Case Name: Jones et al v SIVISION , Inc et al. Case Number: 114CV264839 Plaintiffs filed this Motion to Compel on February 13, 2015. Defendants did not file a formal opposition. 4 All parties are reminded that all papers must comply with Rule of Court 3.1110(f). 5 All parties are reminded that “[a] motion concerning interrogatories, inspection demands, or admission requests must identify the interrogatories, demands, or requests by set and number.” Rule of Court 3.1345(d). I. Statement of Facts. This dispute arises out of an employment agreement between the Plaintiffs and Defendants where the Plaintiffs allege that they worked several months for the Defendants, and received absolutely no compensation. II. Discovery Dispute. a. Deposition Request On July 3, 2014, Plaintiffs served a Deposition Notice on Defendant Sreedhar Natarajan for August 7, 2014. (Berman Decl., Ex. B.) On August 4, 2014, Defendant Natarajan refused to engage in the August 7 deposition. (Berman Decl., Ex. C.) b. Plaintiffs’ Request for Production of Documents On July 11, 2014, Plaintiffs served a Request for Production of Documents, Set One, on Defendnat SiVision, and a Request for Production of Documents, Set One, on Defendant Natarajan. (Berman Decl., Ex. E and F.) On August 15, 2014, Defendants served their responses to Plaintiffs’ Request for Production, Set One. (Berman Decl. Ex. E and G.) Defendants objected to answer any interrogatories instead making five general objections that the request is: (1) vague, ambiguous, overbroad, unduly burdensome, harassing, and oppressive, (2) fails to describe the category of documents with reasonable particularity, (3) seeks documents that are neither relevant nor reasonably calculated to lead to the discovery of admissible evidence, (4) seeks disclosure of financial, proprietary, and confidential information which invades the constitution and privacy rights, and (5) seeks attorney-client privilege and attorney work-product. c. Plaintiffs’ Interrogatories Request On July 14, 2014 Plaintiffs served Form Interrogatories – General, Nos. 1.1, 2.1 – 2.10, 4.1 – 4.2, 12.1 – 12.3, 14,2, and 50.1 – 50.6 to Defendant Natarajan. (Berman Ex. H.) On August “The failure to file a written opposition or to appear at a hearing or the voluntary provision of discovery shall not be deemed an admission that the motion was proper or that sanctions should be awarded.” Rule of Court 3.1348(b). 4 “Each exhibit must be separated by a hard 81/2 x 11 sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. An index to exhibits must be provided. Pages from a single deposition and associated exhibits must be designated as a single exhibit.” 5 18, 2014 Defendants responded with the same general objections that they served as to the Request for the Production of Documents on August 15, 2014. (Berman Decl. Ex. I.) III. Analysis. A. Meet and Confer Process A code-compliant attempt to meet and confer is an explicit prerequisite in this situation. (CCP 2031.310(b).) Under California Code of Civil Procedure § 2016.040, “a meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” The failure to attempt to meet and confer where required is an explicitly named misuse of the discovery process. (See CCP § 2023.010(i).) Here, the Court finds that the Plaintiffs’ and Defendants’ counsels sufficiently met and conferred with regard to the Deposition Request, Requests for Production of Document, and Interrogatories Request. (See Berman Decl. Ex. I. J. and K.) B. Deposition of Sreedhar Natarajan Pursuant to Code of Civil Procedure Section 2025.450(a) a proponent may move for an order compelling a deponent’s attendance and testimony at a deposition, if without having served a valid objection under Section 2025.410 the deponent fails to appear for examination. (CCP § 2025.450(a).) Here, the Defendant made no valid objection under Section 2025.410. Furthermore, the Plaintiffs have set forth specific facts justifying the motion to compel, including the Defendant refusing to engage in two depositions with dates that had been set approximately one month in advance. (See Berman Decl. Ex. C and K.) Accordingly, Plaintiff’s Motion to Compel Deposition of Defendant Natarajan is GRANTED. Defendant Natarajan must appear for his deposition on or before April 10, 2015 C. Defendant Responses to Request for Production of Documents, Set No. One Under Code Civ. Proc. 2031.010, any party may obtain discovery through a demand that the other party produce documents or permit the party making the demand inspect and copy a document that is in possession of the other party. (See CCP 2031.010(b).) On receipt of a response for the production of documents, the demanding party may move for an order to compel further responses if the responses are inadequate, incomplete, evasive or without merit. (CCP § 2031.310(a)(2-3).) Here, the Request for Production of Documents: Set One, the Responses to these requests, and the Plaintiff’s Reasons Why a Further Response should be Compelled are identical, except for, in some instances, the name SiVision replaces the name Natarajan in one of the sets. For this reason the Court will analyze the Plaintiff’s Motion to Compel as to each of the Requests only once. The Defendants makes three arguments throughout the Requests for Production of Documents, Set One that can be addressed as a whole. First, the Defendant objects to make of the requests under the attorney client or work product privilege. The Plaintiffs do not seek any documents subject to privilege, thus this objection is irrelevant. Second, Defendants object, as the requested documents are “financial, proprietary, and confidential information.” If the documents are confidential, the Defendants can enter into a productive order with the Plaintiffs. Lastly, to be addressed at this time, the Defendants assert a tax privilege. A tax privilege is not absolute and will not be upheld when the “gravamen of the lawsuit is inconsistent with the privilege.” (Weingarten v. Superior Court (2002) 102 Cal. App. 4th 268, 274.) Here, the gravamen of the lawsuit is inconsistent with the privilege as the Plaintiffs’ allegations in the complaint involve representations of the Defendants’ that they would be able to pay their employees and they refused to do so. Request No. 1 Request No. 1 is a request for “All documents related to any plaintiff.” The Defendant objected to this request on grounds including it is overbroad, unduly burdensome, and harassing and does not describe the category of documents with reasonable particularity. (See § CCP 2031.030(c)(1).) The Plaintiff responds that this request is reasonably particularized because the request identifies the specific types of documents and parties to which the documents relate. This is incorrect. The request here is not particularized, as required under § 2031.030(c)(1). The Plaintiffs’ Motion to Compel Further Production of Documents as to Request No. 1 is DENIED. Requests No. 2 & 3 Requests No. 2 and 3 concern all documents relating to communication with the plaintiffs. The Defendant objected to this request on grounds including it is overbroad, unduly burdensome, and harassing and does not describe the category of documents with reasonable particularity. (See CCP § 2031.030(c)(1).) Furthermore, the Defendant specifically objected to this on the grounds that Defendant “SiVision” is vague, ambiguous, and overbroad. The Plaintiffs argues that the request is appropriate as it includes only communications to or from the Plaintiffs or concerning the Plaintiffs. While, the Court agrees with the Plaintiff that “Defendant” is not vague, ambiguous, or overbroad the Court does not agree with the Plaintiff that the request is particularized as required under § 2031.030(c)(1). The Plaintiffs’ Motion to Compel Further Production of Documents as to Requests No. 2 and 3 is DENIED. Requests No. 4 & 5 Requests 4 and 5 are appropriate. Here, the Defendant objects that the requests are overbroad and that neither is calculated to lead to the discovery of admissible evidence. However, this response is without merit as the Requests are described with reasonable particularity, including documents related to hiring decisions and proposed or actual agreements by the Defendants concerning the Plaintiff. Responses without merit are subject to an order compelling further responses. (See CCP § 2031.310(a)(3).) The Plaintiffs’ Motion to Compel Further Production of Documents as to Requests No. 4 and 5 is GRANTED. Requests No. 6 & 7 Requests 6 and 7 are appropriate. These requests concern documents related to insurance and employment benefits. The Defendant’s responses are without merit as the requests are described with reasonable particularity and are reasonably calculated to lead to the discovery of admissible evidence. (See CCP § 2017.010.) Responses without merit are subject to an order compelling further responses. (See CCP § 2031.310(a)(3).) The Plaintiffs’ Motion to Compel Further Production of Documents as to Requests No. 6 and 7 is GRANTED. Requests No. 8, 9 & 10 Requests 8, 9 and 10 are appropriate. These requests concern documents related to any plaintiff’s job responsibilities, compensation, or job performance. The Defendant’s responses are without merit as the requests are described with reasonable particularity and are reasonably calculated to lead to the discovery of admissible evidence. (See CCP § 2017.010.) Responses without merit are subject to an order compelling further responses. (See CCP § 2031.310(a)(3).) The Plaintiffs’ Motion to Compel Further Production of Documents as to Requests No. 8, 9 and 10 is GRANTED. Request No. 11 Request No. 11 concerns communications between any Defendant and any payroll provider. The Defendants object on the ground that this request is overbroad and not reasonably calculated to lead to the discovery of admissible evidence. (See CCP § 2017.010.) While the Plaintiff could have written this request in a more narrow way, it still complies with the requirements of § 2031.030. Furthermore, a responding party has a duty to respond in good faith as best they can. (Deyo v. Kilbourne (1978) 84 Cal. App. 3d. 771, 783.) Evasive and incomplete responses are subject to an order compelling further responses. (See CCP §2031.310(a)(3).) The Plaintiffs’ Motion to Compel Further Production of Documents as to Request No. 11 is GRANTED Requests No. 12 & 13 Requests 12 and 13 are appropriate. These requests concern documents related to any checks returned because of insufficient funds or checks written by Defendant Natarajan to any employee of SiVision. The Defendant’s responses are without merit as the requests are described with reasonable particularity and are reasonably calculated to lead to the discovery of admissible evidence. (See CCP § 2017.010.) Responses without merit are subject to an order compelling further responses. (See CCP § 2031.310(a)(3).) The Plaintiffs’ Motion to Compel Further Production of Documents as to Requests No.12 and 13 is GRANTED. Requests No. 14 & 15 Requests 14 and 15 are appropriate. These requests concern communications by Defendant promising to pay any employee of SiVision and any employment-related policy or procedure documents. The Defendant’s responses are without merit as the requests are described with reasonable particularity and are reasonably calculated to lead to the discovery of admissible evidence. (See CCP §2017.010.) Responses without merit are subject to an order compelling further responses. (See CCP § 2031.310(a)(3).) The Plaintiffs’ Motion to Compel Further Production of Documents as to Requests No. 14 and 15 is GRANTED. Request No. 16 Request 16 is not appropriate. This request asks for all documents related to Defendant Natarajan’s financial information. The request is not described with reasonable particularity. (See CCP § 2031.030(c)(1).) The Plaintiff could have specified certain types of documents or a particularized timeline. If the Defendant were to comply with this request, he would be required to give over all financial information he has ever accumulated. It is not limited by time or scope. The Plaintiffs’ Motion to Compel Further Production of Documents as to Request No. 16 is DENIED. Request No. 17 Request 17 is not appropriate. This request concerns all documents relating to Natarajan’s divorce. This request is not described with particularity and may invade constitutional rights of privacy. The Defendants’ response is not inadequate, incomplete, evasive, or without merit. (CCP § 2031.310(a).) Thus, the Plaintiff has no right to demand a motion to compel. The Plaintiffs’ Motion to Compel Further Production of Documents as to Request No. 17 is DENIED. Requests No. 18 and 19 Requests 18 and 19 are appropriate. These requests concern all documents related to an accusation that Defendant Natarajan has hidden assets and documents seizing or placing liens on any assets or accounts of Natarajan. The Defendant’s responses are without merit as the requests are described with reasonable particularity and are reasonably calculated to lead to the discovery of admissible evidence. (See CCP §2017.010.) If the Defendant is worried about the confidentiality of these documents, he can work with the Plaintiff to enter into a protective order. The Plaintiffs’ Motion to Compel Further Production of Documents as to Requests No. 18 and 19 is GRANTED. Request No. 20 While all documents related to Defendant Sivion’s financial information is likely calculated to lead to the discovery of admissible evidence, it is still not described with particularity. The Plaintiff needs to “reasonably particulariz[e] each category.” (CCP § 2031.030(c)(1).) Because the Plaintiffs’ request is overbroad, the Defendants’ objection is with merit and the Plaintiff has no right to demand a motion to compel. The Plaintiffs’ Motion to Compel Further Production of Documents as to Request No. 20 is DENIED. Request No. 21 through 27 Requests No. 21 through 27 are appropriate. They all relate to the formation, specific finances, organization of the business, minutes of board meetings, votes by the board, capital structure, and tax returns. The Defendant’s responses are without merit as the requests are described with reasonable particularity and are reasonably calculated to lead to the discovery of admissible evidence. (See CCP §2017.010.) Responses without merit are subject to an order compelling further responses. (See CCP § 2031.310(a)(3).) The Plaintiffs’ Motion to Compel Further Production of Documents as to Requests No. 21 through 27 is GRANTED. Request No. 28 Request No. 28 is appropriate. This requests concerns any pending litigation or arbitration against the Defendants. It is reasonably calculated to lead to the discovery of admissible evidence and it only asks for this information that has occurred since January 1, 2013. Thus, because it is also described with reasonable particularity the Defendant’s responses are without merit. Responses without merit are subject to an order compelling further responses. (See CCP § 2031.310(a)(3).) The Plaintiffs’ Motion to Compel Further Production of Documents as to Request No. 28 is GRANTED. D. Defendant Natarajan’s Responses to Form Interrogatories – General, Set No. One If a party demanding a response to an interrogatory deems an answer to a particular interrogatory as incomplete or evasive, or an objection to be without merit or too general, that party may move for an order compelling further response. (See CCP § 2030.300.) The objecting party bears the burden of explaining and justifying any objection. (See Fairmont Ins. Co. v. Super. Ct. (2000) 22 Cal. 4th 245, 255 (citing Coy v. Super. Ct. (1962) 58 Cal. 2d. 210, 220-221).) Here, the boilerplate interrogatory responses served by the Defendant are evasive, incomplete, and without merit. (CCP §2030.300(a).) The Plaintiffs’ Form Interrogatories were properly defined, relevant, and not protected by the attorney-client or work-product privileges. Accordingly, Plaintiff’s Motion to Compel Further Response to Form Interrogatories is GRANTED. E. Monetary Sanctions First, the Plaintiff moves the Court to award it monetary sanctions under § 2025.450(g)(1). Under § 2025.450(g)(1), the Court may award sanction if a motion is granted under § 2025.450(a). While the Plaintiff asserts that the Defendant consistently avoided making a date to be available for a deposition, there is at least some evidence that the Defendant did provide a date, and at very least was willing to work with the Plaintiff to set a date for deposition. Therefore, the Court finds that the Defendant acted with substantial justification and will not award attorney’s fees under this statute. Second, the Plaintiff moves the Court to award it monetary sanctions under CCP § 2031.310. Under Section (h) the court can only impose a monetary sanction against a party who unsuccessfully makes or opposes a motion to compel a further response. The Defendant may have believed because he did not file an opposition to this motion, that he did “oppose” it for purposes of this statute. However, under California Rules of Court Rule 3.1348 (a)a party that does not file an opposition still “opposes” a motion. Here, as the Defendant hid behind boilerplate objections (boilerplate objections are sanctionable in California (see Korea Data Systems Co. Ltd. v. Superior Court (1997), 51 Cal.App.4th 1513)) and refused to, in good faith produce a single document, even after agreeing to do so (See Berman Decl. Ex. J.), sanctions are appropriate. Accordingly, Defendants Natarajan and SiVision, jointly and severally, must pay monetary sanctions in the amount of $4,500 within 10 days of the date of this order. IV. Order. Plaintiff’s Motion to Compel Deposition of Defendant Natarajan is GRANTED. Defendant Natarajan must appear for his deposition on or before April 10, 2015 The Plaintiffs’ Motion to Compel Further Production of Documents as to Requests No. 4 –1 5, 18 – 19, and 21 – 28 is GRANTED. Plaintiff must produce documents thereon on or before March 31, 2015. The Plaintiffs’ Motion to Compel Further Responses to Interrogatories is GRANTED. Defendant Natajaran must provide further responses to Form Interrogatories 1.1, 2.12.10, 4.1-4.2,12.1-12.3,14.2,50.1-50.6 on or before March 31, 2014. Plaintiff’s Motion for Monetary Sanctions is GRANTED. Defendants Natarajan and SiVision, jointly and severally, must pay monetary sanctions in the amount of $4,500 within 10 days of the date of this order to plaintiff’s counsel. Motion to Withdraw As Attorney for SiVision, Inc. Hopkins & Carley’s Motion to be Relieved as Counsel for defendant SiVision, Inc. is UNOPPOSED and GRANTED, good cause appearing. Counsel must submit a form order for the Court to sign. The Court did not see any proposed order in the file. - oo0oo - Calendar line 6 - oo0oo - Calendar line 7 - oo0oo - Calendar line 8 - oo0oo - Calendar line 9 - oo0oo - Calendar line 10 - oo0oo - Calendar line 11 - oo0oo - Calendar line 12 - oo0oo - Calendar line 13 - oo0oo - Calendar line 14 - oo0oo - Calendar line 15 - oo0oo - Calendar line 16 - oo0oo -- Calendar line 17 - oo0oo - Calendar line 18 - oo0oo - Calendar line 19 - oo0oo - Calendar line 20 - oo0oo - Calendar line 21 - oo0oo - Calendar line 22 - oo0oo - Calendar line 23 - oo0oo - Calendar line 24 - oo0oo - Calendar line 25 - oo0oo - Calendar line 26 - oo0oo – Calendar line 27 - oo0oo - Calendar line 28 - oo0oo - Calendar line 29 - oo0oo - Calendar line 30 - oo0oo –