Judge: Carolyn M. Caietti, Case: 37-2022-00026643-CU-IC-CTL, Date: 2024-06-07 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 06, 2024

06/07/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Insurance Coverage Discovery Hearing 37-2022-00026643-CU-IC-CTL REDLANDS PRIDE LLC VS NATIONWIDE MUTUAL INSURANCE COMPANY CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 05/13/2024

Plaintiff Redlands Pride's Motion to Compel Further Responses to Special Interrogatories, Nos. 19-20 is MOOT IN PART (as to compelling a further response) and DENIED IN PART (as to sanctions).

This is an insurance coverage dispute and bad faith insurance case concerning residential rental property in Redlands damaged by fire. In this motion, Plaintiff argues Nationwide is avoiding its duty to cover the loss of the property under the policy by 'shoehorning the fire and related damages (caused by an illegal connection to the electrical grid to support a marijuana growing operation being conducted by unknown persons in the Insured's leased home) into an exclusion for By-Products of Production or Processing Operations (the 'By-Products Exclusion'), primarily directed at cooking and/or methamphetamine lab operations.' This motion concerns Special Interrogatories, Nos. 19-20 which generally asked for Nationwide to identify any legal actions, as expressly defined, involving marijuana growing operations and the By-Products Exclusion to which Nationwide was a party. Two days after the motion's filing, Nationwide served an amended and verified further response. (Declaration of Viterbo Valera, at Ex. A.) Thus, a motion to compel a further response is moot.

Plaintiff's request for monetary sanctions in the amount of $7500 is denied because Nationwide acted with substantial justification. (C.C.P., § 2030.300(d).) Nationwide agreed to provide amended responses before the motion was filed, worked diligently to comply with the Court's February 16, 2024, order, and it was through that process of complying with the Court's order that Nationwide discovered and identified the legal actions responsive to the requests. (Valera Decl., at ¶¶ 8-12.) For these reasons, the motion is MOOT IN PART and DENIED IN PART.

If the tentative ruling is confirmed without modification, the minute order will be the Court's final ruling on the motion. Plaintiff is ordered to serve written notice of the Court's final ruling on all appearing parties by June 11, 2024.

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