Judge: Blaine K. Bowman, Case: 37-2020-00028886-CU-OR-NC, Date: 2023-11-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - November 02, 2023

11/03/2023  01:30:00 PM  N-31 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2020-00028886-CU-OR-NC RADY CHILDRENS HOSPITAL SAN DIEGO VS FREY [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 08/10/2023

Parties This case involves a number of entities, some of which are parties and some of which are non-parties.

Certain of those non-parties will be identified herein as follows: --Eva Nemeth (Ms. Nemeth or the Benefactor) --the Nemeth Family Trust (the Personal Trust) --the Alexander and Eva Nemeth Charitable Trust Dated May 28, 2014 (the Charitable Trust) With regard to the remaining entities, which are parties to this lawsuit, they will be identified herein as follows: --defendant Rodney Frey (Mr. Frey) --cross-defendant Teresa Castiglione, as Trustee of the Charitable Trust (the Trustee) --plaintiff/cross-defendant Rady Children's Hospital Foundation – San Diego (Rady Children's) --plaintiff/cross-defendant Zoological Society of San Diego (the Zoological Society) --plaintiff/cross- defendant American Diabetes Association Inc. (the Diabetes Association) Collectively, Rady, the Zoological Society, and the Diabetes Association will be referenced herein as Plaintiffs or the Charitable Recipients.

Disposition The Motion to Compel Responses to Special Interrogatories (Set Four) brought by Plaintiffs is GRANTED. The corresponding Request for Monetary Sanctions brought by Plaintiffs is GRANTED in the amount of $2,119.14 pursuant to Code of Civil Procedure §§ 2030.290(c). (See California Rules of Court, rule 3.1348(a).) The Motion to Compel Responses to Requests for Production of Documents (Set Three) brought by Plaintiffs is GRANTED. The corresponding Request for Monetary Sanctions brought by Plaintiffs is GRANTED in the amount of $2,158.64 pursuant to Code of Civil Procedure §§ 2031.300(c) and 2031.320(b). (See California Rules of Court, rule 3.1348(a).) The briefing indicates a significant amount of back-and-forth and delay on the part of Mr. Frey, who only served the requested responses on the day that his opposition briefs to the instant motions were due.

Though Mr. Frey purports to have served responses by that opposition briefing deadline, Plaintiffs argue that his responses are inadequate.

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3007195 CASE NUMBER: CASE TITLE:  RADY CHILDRENS HOSPITAL SAN DIEGO VS FREY [IMAGED]  37-2020-00028886-CU-OR-NC Accordingly, defendant Rodney Frey is ORDERED to serve supplemental responses to Special Interrogatories (Set Four) and Requests for Production of Documents (Set Three) and is ORDERED to serve said responses on attorneys Gregory Markow, Sean Gaffney, and Salvatore Padula of the law firm CGS3 LLP at 12750 High Bluff Drive, Suite 250, San Diego, California 92130. by no later than November 22, 2023. Mr. Frey is also ORDERED to pay sanctions in the amount of $4,277.78 in connection with said discovery. Said sanctions shall be sent to attorneys Gregory Markow, Sean Gaffney, and Salvatore Padula of the law firm CGS3 LLP at 12750 High Bluff Drive, Suite 250, San Diego, California 92130. by no later than November 22, 2023.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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