Judge: Blaine K. Bowman, Case: 37-2022-00006128-CL-BC-CTL, Date: 2024-06-14 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 13, 2024

06/14/2024  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Limited  Breach of Contract/Warranty Discovery Hearing 37-2022-00006128-CL-BC-CTL STARK VS VETERINARY SPECIALTY HOSPITAL SAN DIEGO [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendants Veterinary Specialty Hospital's unopposed motion to compel responses from Plaintiff Gabriela Stark to Veterinary Specialty Hospital's Form Interrogatories, Set One and Special Interrogatories, Set One, is GRANTED. CCP § 2030.290. This motion is unopposed and, pursuant to Superior Court of California, County of San Diego, Local Rules, Rule 2.1.19.B., '[t]he court may deem a

lack of opposition to be a concession that a motion is meritorious.' Accordingly, the court orders Plaintiff to serve verified responses, without objection and within 10 days of this ruling.

Veterinary Specialty Hospital's request for sanctions is GRANTED IN PART as against Plaintiff Gabriela Stark. CCP § 2030.290(c). The court reduces the sanctions sought by $380.00 because this motion is unopposed and because this motion is duplicative of Veterinary Specialty Hospital's other motion to compel set for hearing at the same time as this motion. The court finds sanctions of $760.00 reasonable. The court orders Plaintiff to pay sanctions of $760.00 to Defendant Veterinary Specialty Hospital, San Diego within 10 days of this ruling. Veterinary Specialty Hospital's request for sanctions is DENIED as against Plaintiff's 'counsel of record' for failure to comply with the requirements of CCP § 2023.040 ['[a] request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought . . . . ' Veterinary Specialty Hospital's notice of motion does not sufficiently identify the 'counsel' against whom sanctions are sought.

Defendant Veterinary Specialty Hospital, San Diego's unopposed motion to compel responses from Plaintiff Gabriela Stark to Specialty Hospital's Demand for Inspection and Production of Documents and Tangible Things, Set One, is GRANTED. CCP § 2031.300. This motion is unopposed and, pursuant to Superior Court of California, County of San Diego, Local Rules, Rule 2.1.19.B., '[t]he court may deem a lack of opposition to be a concession that a motion is meritorious.' The court orders Plaintiff to serve verified responses, without objection, and to produce documents, within 10 days of this ruling.

Veterinary Specialty's request for sanctions is GRANTED IN PART as against Plaintiff Gabriela Stark.

CCP § 2030.300(c). The court reduces the sanctions sought by $380.00 because this motion is unopposed and because this motion is duplicative of Veterinary Specialty Hospital's other motion to compel set for hearing at the same time as this motion. The court finds sanctions of $760.00 reasonable. The court orders Plaintiff to pay sanctions of $760.00 to Defendant Veterinary Specialty Hospital, San Diego within 10 days of this ruling. Veterinary Specialty Hospital's request for sanctions is DENIED as against Plaintiff's 'counsel of record' for failure to comply with the requirements of CCP § 2023.040 ['[a] request for a sanction shall, in the notice of motion, identify every person, party, and Calendar No.: Event ID:  TENTATIVE RULINGS

3119807  4 CASE NUMBER: CASE TITLE:  STARK VS VETERINARY SPECIALTY HOSPITAL SAN DIEGO  37-2022-00006128-CL-BC-CTL attorney against whom the sanction is sought . . . . ' Veterinary Specialty Hospital's notice of motion does not sufficiently identify the 'counsel' against whom sanctions are sought.

If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.

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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