Party Discovery: ODEH -V- FERNANDEZ Print

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                                SAN BERNARllINO SUPERIOIt COUItT                                      SUP
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     COUNTY OP SAN BERNARDINO                                                 COLP             Y   CE   Yt               R         i
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     247 West Third Street                                                     S   Q   N                vD       l   t   Ll   a C
     San Bernardino   California 92415 0210

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                          SUPERIOR COURT OF TH                   STATE OF CALIFORNIA

 9                                     COUNTY OF SAN BERNARDINO

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11   ALI ODEH                                                    CASE NO      CIVDS1823772
                          Plaintiff
 2                                                               RULING ON MOTION TO COMPEL
              vs

13                                                               Date F ebrua ry 6                  2020
     LYNGLADEN FERNANDEZ DDS                                     Time 8 30 A M
14                                                               Department S32
     et al


15                        Defendants

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17


              After full consideration of the written and oral submissions by the
 9   parties the Court rules as follows

20   Discussion

21            At issue is a motion to compel further responses to request for

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     production of documents and the imposition of monetary sanctions against
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     Defendants Lyngadlen Fernandez DDS and Suarez Fernandez Dentistry
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     The motion is opposed and a reply has been filed
25   Analysis

26            As these are motions to compel further responses a Separate

27   Statement is          required           Cal Rules   of   Court Rule 3 1345                   subd              c


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              No separate statement was filed nor did counsel attempt to comply



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        with the alternative of a concise outline of the discovery request and each
    2   response    in dispute     as permitted by Code of Civil Procedure section
    3                                b
        2031 310      subdivision        3   effective January 1 2020
    4          The dispute is over the quality of the x rays produced and whether
    5   there were distortions

    6          The only evidence to support the motion is Attorney Vijayraghavan s
    7   declaration that the       x rays produced were    not   diagnostic    Vijayraghavan

        Decl   at     5

    9          This does not demonstrate good cause to compel further responses as

10      there is nothing to demonstrate Defendant Fernandez had different x rays to
11      produce which were withheld nor does Plaintiff Odeh offer any sworn
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        testimony as to how the x rays previously produced were deficient under the
13      Discovery Act
14             The court is not in a position to evaluate the quality of the x rays and
15      Odeh has not demonstrated good cause to compel further responses

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               Further Odeh did not comply with the requirement to file a separate
        statement



               Therefore the Court will deny the motion to compel
    9   Sanctions

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               The Discovery Act as stated in the Code of Civil Procedure generally
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        provides monetary sanctions are imposable against any party who
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        unsuccessfully makes or opposes a motion to compel responses or further
23      responses unless it is found the one subject to the sanction acted with

24      substantial justification or other circumstances make the imposition of the

25      sanction unjust          Code Civ Proc       2030 290    subd   c   2031 300   subd   c



26      2033 290      subd   d

27             Sanctions for Odeh are not warranted

28             Defendant Lyngladen Fernandez DDS            requests    sanctions of   1 919 for




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