Judge: Carolyn M. Caietti, Case: 37-2023-00017896-CU-WT-CTL, Date: 2024-06-21 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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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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Civil - Unlimited  Wrongful Termination Discovery Hearing 37-2023-00017896-CU-WT-CTL BERGTHOLD VS PREMIUM WEST INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Raymond Bergthold's Motion to Compel Further Responses to Requests for Production of Documents, Set One from Defendant Premium West is MOOT IN PART (as to the requested responses) and DENIED IN PART (as to sanctions).

Plaintiff Raymond Bergthold's Motion to Compel Further Responses to Requests for Production of Documents, Set One from Defendant Mark Deetjen is MOOT IN PART (as to the requested responses) and DENIED IN PART (as to sanctions).

Plaintiff Raymond Bergthold's Motion to Compel Further Responses to Special Interrogatories, Set One from Defendant Mark Deetjen is MOOT IN PART (as to the requested responses) and DENIED IN PART (as to sanctions).

Plaintiff Raymond Bergthold's Motion to Compel Further Responses to Special Interrogatories, Set One from Defendant Premium West is MOOT IN PART (as to the requested responses) and DENIED IN PART (as to sanctions).

As applicable to all four motions, the Court held several informal discovery conferences. (ROA 58, 63, 79, 84.) The parties agreed Defendants would serve supplemental responses as to some of the requests. (ROA 87, 90, 93, 96 – Declaration of Ryan Nell.) Plaintiff was ordered to amend the notices to compel to reflect the remaining issues. (ROA 84.) Plaintiff did not file or serve amended notices.

Thereafter, Defendant Premium West served supplemental responses to Request for Production Nos. 1, 2, 6 and 10; and to Special Interrogatories Nos. 1, 2. Defendant Mark Deetjen served supplemental responses to Request for Production Nos. 1, 2, 3 and 6; and to Special Interrogatories Nos. 1-2. (ROA 87 - Nell Decl., at ¶¶ 18; ROA 90 – Nell Decl., at ¶ 18; ROA 93 – Nell Decl., at ¶ 18; ROA 96 – Nell Decl., at ¶ 18.) For all other requests/interrogatories, Plaintiff agreed to withdraw, amend or continue to meet and confer with Defendants. (Ibid.) Thus, to the extent the motions seek a further response, they are MOOT.

In light of the mixed result, Plaintiff's requests for sanctions are DENIED. Sanctions are also not requested in the notice of motion as required by C.C.P. section 2023.040. (ROA 30-33.) 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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