Judge: Carolyn M. Caietti, Case: 37-2021-00053959-CU-OE-CTL, Date: 2024-01-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 11, 2024

01/12/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Other employment Discovery Hearing 37-2021-00053959-CU-OE-CTL LOYA GUTIERREZ VS MIRAMAR GENERAL ENGINEERING INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Protective Order, 05/15/2023

Plaintiffs Hector Loya Gutierrez, Jorge Beltran, Sergio Zepeda and Hector Loya Gaona's Motion for Protective Order and Request for Sanctions is GRANTED IN PART.

Defendant Liberty Mutual Insurance Company's request for a continuance of this hearing filed after its opposition deadline is denied. The Court reviewed the declarations at ROA 154 and 155. Plaintiffs filed this motion eight months ago on May 15, 2023, and the possibility the case will settle and save the parties on attorney fees is not good cause to continue under these circumstances.

Plaintiffs seek an order protecting them from responding to a total of 624 written discovery questions (484 special interrogatories and 140 form interrogatories) propounded by Defendant Liberty Mutual Insurance Company.

Plaintiffs duly served Defendant with the motion. (ROA 93-94.) The motion is unopposed, thus, Defendant impliedly conceded on the merits. (San Diego Local Rule 2.1.19(B).) Plaintiffs propose to answer 120 interrogatories, which again, Defendant does not challenge. However, the Court finds it is warranted for Plaintiffs to answer all of the form interrogatories and the first 35 special interrogatories.

(C.C.P., § 2030.030(a)(1)-(2).) The Court also grants Plaintiffs' request for monetary sanctions of $2,560. (C.C.P., §§ 2019.030(c), 2030.090(d).) The sanctions sought are unopposed, authorized, substantiated and reasonable. (ROA 93 – Declaration of Sarah Kokonas, at ¶ 7.) Defendant did not present any evidence of substantial justification or other circumstances that would make the imposition of a sanction unjust.

For these reasons, the motion is GRANTED.

Concluding Orders Plaintiffs are protected from responding to all of the Special Interrogatories, Set One.

Plaintiffs are ordered to respond to Form Interrogatories, Set One and Special Interrogatories, Nos. 1-35 by February 9, 2024.

Defendant Liberty Mutual Insurance Company is ordered to pay monetary sanctions in the amount of $2,560 to Plaintiffs by February 9, 2024.

Calendar No.: Event ID:  TENTATIVE RULINGS

3035720  56 CASE NUMBER: CASE TITLE:  LOYA GUTIERREZ VS MIRAMAR GENERAL ENGINEERING INC  37-2021-00053959-CU-OE-CTL If the tentative ruling is confirmed without modification, the minute order will be the Court's final order.

Plaintiff is ordered to serve written notice of the Court's final order on all parties by January 16, 2024.

For future motions, Plaintiffs are reminded to comply with Department 70's Policies and Procedures and to provide courtesy copies of motion paperwork.

Calendar No.: Event ID:  TENTATIVE RULINGS

3035720  56