Judge: Carolyn M. Caietti, Case: 37-2023-00007518-CU-CO-CTL, Date: 2024-02-14 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 18, 2024

01/19/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Contract - Other Discovery Hearing 37-2023-00007518-CU-CO-CTL MILES VS DELISLE [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff/Cross-Defendant Sandra Miles' Motion to Compel Further Responses to Form Interrogatories, Set One, and Request for Sanctions is GRANTED.

Plaintiff/Cross-Defendant Sandra Miles' Motion to Compel Further Responses to Special Interrogatories, Set One, and Request for Sanctions is GRANTED.

Form Interrogatory Motion Plaintiff seeks to compel a further response to Form Interrogatories, Set One, Nos. 2.11 (agency), 15.1 (affirmative defenses) and 50.1 (agreements). As Defendant filed a late opposition, which the Court considered, the Court continued this matter one week and allowed Plaintiff to file a supplemental reply.

(ROA 146.) After considering all briefing, Defendant's responses to these Judicial Council-approved questions are incomplete and the objections lack merit. (C.C.P., § 2030.300(a)(1), (3), C.C.P., §§ 2030.220, 2030.240.) The Court also grants Plaintiff's request for monetary sanctions of $2,420. (C.C.P., § 2030.300(d).) The sanctions sought are authorized, substantiated and reasonable. (ROA 44 – Declaration of Ben-Thomas Hamilton.) 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.

Special Interrogatory Motion Plaintiff seeks to compel a further response to Special Interrogatories, Set One, Nos. 66-73. Nos. 66-69 concern the capital contributions Defendant made to ASI. Nos. 70-73 concern the loans Defendant made to ASI. Defendant did not oppose this motion and implied conceded on the merits. At most, she included one line in her opposition to the form interrogatory motion, stating, 'this motion, and its apparently identical companion motion set for hearing on January 19, should be [denied].' Further, the responses are incomplete, the objections lack merit and the reference to the document production is improper as the answers do not necessitate the preparation or the making of a compilation, abstract, audit or summary. (C.C.P., § 2030.230.) The Court also grants Plaintiff's request for monetary sanctions of $2,420. (C.C.P., § 2030.300(d).) Again, the sanctions sought are authorized, substantiated and reasonable. (ROA 38 – Declaration of Calendar No.: Event ID:  TENTATIVE RULINGS

3076833  62 CASE NUMBER: CASE TITLE:  MILES VS DELISLE [IMAGED]  37-2023-00007518-CU-CO-CTL Lauren Romans.) 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 Defendant is ordered to serve a further, verified response without objections to Plaintiff's Form Interrogatories, Set One, Nos. 2.11, 15.1 and 50.1 by February 2, 2024.

Defendant is ordered to serve a further, verified response without objections to Plaintiff's Special Interrogatories, Set One, Nos. 66-73 by February 2, 2024.

Defendant is ordered to pay monetary sanctions in the total amount of $4,840 ($2,420 for the form interrogatory motion and $2,420 for the special interrogatory motion) to Plaintiff by February 2, 2024.

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 23, 2024.

The parties are reminded to comply with Department 70's Policies and Procedures and to provide courtesy copies of all motion paperwork.

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