Judge: Carolyn M. Caietti, Case: 37-2022-00032545-CL-BC-CTL, Date: 2024-05-10 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 18, 2024

04/19/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Limited  Breach of Contract/Warranty Discovery Hearing 37-2022-00032545-CL-BC-CTL HUTCHINS BRAUDAWAY REALTY VS RYCZ [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 02/02/2024

Defendant Mark Rycz's Unopposed Motion to Compel Responses to Form Interrogatories; and Request for Sanctions is GRANTED IN PART.

Defendant Mark Rycz's Unopposed Motion to Compel Responses to Document Requests; and Request for Sanctions is GRANTED IN PART.

Discussion Defendant Mark Rycz duly-served Plaintiff Hutchins Braudaway Realty with Form Interrogatories and Request for Production of Documents in July, 2023. Plaintiff did not respond. Defendant met and conferred and Plaintiff did not respond.

An order compelling responses to Form Interrogatories and Request for Production of Documents is warranted. (C.C.P., §§ 2030.290(a)-(b), 2031.300(a)-(b).) Sanctions are also warranted and substantiated, but the Court will reduce the amount sought by two hours of fees for each motion since Defendant did not have to review a response and prepare a reply as anticipated. (C.C.P., §§ 2030.290(c), 2031.300(c).) Accordingly, the motions are GRANTED IN PART.

Concluding Orders Plaintiff Hutchins Braudaway Realty is ordered to serve a verified response to Defendant Mark Rycz's Form Interrogatories, Set One without objections, by May 3, 2024. For reference, the interrogatories are attached to the Declaration of Douglas Jaffe at Exhibit A. (ROA 48.) Plaintiff is also ordered to pay monetary sanctions in the amount of $1,060 to Defendant by May 3, 2024.

Plaintiff Hutchins Braudaway Realty is ordered to serve a verified response to Defendant Mark Rycz's Request for Production of Documents, Set One without objections, by May 3, 2024. For reference, the requests are attached to the Declaration of Douglas Jaffe at Exhibit A. (ROA 45.) Plaintiff is also ordered to pay monetary sanctions in the amount of $1,060 to Defendant by May 3, 2024.

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

Defendant Mark Rycz is ordered to serve written notice of the Court's final order on all appearing parties Calendar No.: Event ID:  TENTATIVE RULINGS

3020125  48 CASE NUMBER: CASE TITLE:  HUTCHINS BRAUDAWAY REALTY VS RYCZ [IMAGED]  37-2022-00032545-CL-BC-CTL by April 23, 2024.

Calendar No.: Event ID:  TENTATIVE RULINGS

3020125  48