Judge Carolyn M. Caietti, Case Number: 37-2022-00010114-CU-OE-CTL, Date: 2024-06-21 Tentative Ruling

Judge: Carolyn M. Caietti, Case: 37-2022-00010114-CU-OE-CTL, Date: 2024-06-21 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - June 20, 2024

06/21/2024 10:30:00 AM C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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CASE TITLE: CASE TYPE:

Civil - Unlimited Other employment Discovery Hearing 37-2022-00010114-CU-OE-CTL LOWE VS ASHS FIRST LLC [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Alexa Lowe's Motion to Compel Further Responses to Special Interrogatories, Set One from Defendant SCZZ Collective, Inc. dba Upnorth and Request for Monetary Sanctions is MOOT IN PART and DENIED IN PART.

Plaintiff Alexa Lowe's Motion to Compel Further Responses to Special Interrogatories, Set One from Defendant NYRN Management LLC and Request for Monetary Sanctions is MOOT IN PART and DENIED IN PART.

Plaintiff Alexa Lowe's Motion to Compel Further Responses to Special Interrogatories, Set One from Defendant Ash's First LLC and Request for Monetary Sanctions is MOOT IN PART and DENIED IN PART.

Plaintiff Alexa Lowe's Motion to Compel Further Responses to Special Interrogatories, Set One from Defendant Area 29 LLC dba Off The Charts and Request for Monetary Sanctions is MOOT IN PART and DENIED IN PART.

Plaintiff Alexa Lowe's Motion to Compel Responses to Form Interrogatories (Employment), Set One from Defendant Ash's First LLC and Request for Monetary Sanctions is GRANTED IN PART and DENIED IN PART.

Plaintiff Alexa Lowe's Motion to Compel Further Responses to Special Interrogatories, Set Two from Defendant Ash's First LLC and Request for Monetary Sanctions is OFF CALENDAR.

Plaintiff Alexa Lowe's Motion to Compel Further Responses to Request for Production of Documents, Set One from Defendant Ash's First LLC and Request for Monetary Sanctions is MOOT IN PART and DENIED IN PART.

Discussion Four Motions to Compel Further Responses to Special Interrogatories, Set One from Defendants SCZZ Collective, Inc., NYRN Management LLC, Ash's First LLC and Area 29 LLC; and Request for Sanctions of $10,730 for Each Motion Although the motions were not timely served 16 court days before the hearing, plus an additional two days for electronic service, Defendants substantively opposed the motions and the Court will consider Calendar No.: Event ID: TENTATIVE RULINGS

3086154 45 CASE NUMBER: CASE TITLE: LOWE VS ASHS FIRST LLC [E-FILE] 37-2022-00010114-CU-OE-CTL the merits. (C.C.P., �� 1005, 1010.6(a)(4), (b); Cal. Rules of Court, rule 2.251(i).) In reply, Plaintiff acknowledges receipt of supplemental responses to Special Interrogatories, Set One, and confirms her deadline to compel a further response to those supplemental responses is not until July 22, 2024. Thus, the motions are MOOT to the extent they seek a further response.

In light of the late service of the motions, Plaintiff's request for sanctions is DENIED. The amount sought is also unreasonable, appears duplicative to each motion and Counsel's hourly rate is not supported by evidence.

Defendants' requests for sanctions are denied.

For these reasons, the motions are MOOT IN PART (as to compelling a further response) and DENIED IN PART (as to all sanctions).

Motion to Compel Further Responses to Special Interrogatories, Set Two from Defendant Ash's First LLC; and Request for Sanctions of $7,400 Again, this motion was not timely served 16 court days before the hearing, plus an additional two days for electronic service. (ROA 131.) Defendant did not oppose the motion, making it unclear to the Court whether due-notice was provided. The Court also notes the Defense in their opposition, acknowledged receipt of six motions which they were opposing, suggesting this motion was not served. The motion is OFF CALENDAR.

Motion to Compel Responses to Form Interrogatories (Employment), Set One from Defendant Ash's First LLC; and Request for Sanctions of $1,945 Plaintiff served the motion late, but Defendant opposed. The Court will consider the merits.

If a party fails to serve a timely response to interrogatories, that party waives objections. (C.C.P., � 2030.290(a).) On motion, the Court may relieve the party from the waiver if both of these conditions are satisfied: (i) the party subsequently served a code-compliant response; and (ii) the party's failure to serve a timely response was the result of mistake, inadvertence or excusable neglect. (Id., at subd.

(a)(1)-(2).) Defendant concedes it did not serve a timely response to Plaintiff's Form Interrogatories (Employment), Set One. Despite at least four informal discovery conferences with the Court and a substantial record of meet and confers, Defendant places blame on Plaintiff for the number of discovery requests served on the four defendants and concludes this request was 'overlooked'. (Opp., at p. 7:18-21.) No explanation of inadvertence and/or excusable neglect is provided. (Opp., at p. 7; Declaration of Matthew Theirault, at � 9.) It was also not until two days before the opposition deadline that Defendant purportedly served a response, which, is not provided, precluding the Court from assessing whether Defendant substantially complied with C.C.P. section 2030.210 et seq. Defendant not only failed to file a motion to be relieved of the waiver, but also, did not meet its burden of why it should be relieved from the waiver. A further complete verified response without objections is warranted. (C.C.P., � 2030.290(a), (b).) For the same reasons above, all requests for discovery sanctions are DENIED.

Accordingly, the motions is GRANTED IN PART (as to compelling a further response) and DENIED IN PART (as to all sanctions).

Motion to Compel Further Responses to Requests for Production of Documents, Set One from Calendar No.: Event ID: TENTATIVE RULINGS

3086154 45 CASE NUMBER: CASE TITLE: LOWE VS ASHS FIRST LLC [E-FILE] 37-2022-00010114-CU-OE-CTL Defendant Ash's First LLC; and Request for Sanctions of $2,615 Plaintiff filed this motion on May 30, 2024. It was not filed and served 16-court days before the hearing, requiring the Court to deny the motion. Notwithstanding, Plaintiff concedes responses and documents were provided. For the reasons above, all sanctions requests are denied.

Thus, the motion is DENIED.

Concluding Orders Defendant Ash's First LLC is ordered to serve a further, verified and code-compliant response without objections to Plaintiff's Form Interrogatories (Employment), Set One by July 12, 2024.

If the tentative ruling is confirmed without modification, the minute order will be the Court's final ruling.

Plaintiff is ordered to serve written notice of the Court's final ruling on all appearing parties by June 25, 2024.

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