Judge: Carolyn M. Caietti, Case: 37-2023-00031717-CU-OE-CTL, Date: 2024-05-31 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 30, 2024

05/31/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Other employment Discovery Hearing 37-2023-00031717-CU-OE-CTL FONSECA VS LAST CHANCE STORE LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 12/21/2023

Plaintiffs Kristian Fonseca and Zacharias Junior Felix's unopposed Motion to Compel Baha Shehab, Hussein Hijaz and Ashraf Fahad Hijaz's Responses to Form Interrogatories-General, Set One is is GRANTED IN PART AND DENIED IN PART.

Plaintiffs Kristian Fonseca and Zacharias Junior Felix's unopposed Motion to Compel Last Chance Store, LLC's Responses to Form Interrogatories – General, Set One, Form Interrogatories – Employment, Set One, Special Interrogatories, Set One and Request for Production of Documents, Set One is GRANTED IN PART AND DENIED IN PART.

Discussion Plaintiffs Kristian Fonseca and Zacharias Junior Felix's duly-served Defendant Last Chance Store, LLC with Form Interrogatories – General, Set One, Form Interrogatories – Employment, Set One, Special Interrogatories, Set One and Request for Production of Documents, Set One in September 2023.

Plaintiffs also served Defendants Baha Shehab, Hussein Hijaz and Ashraf Fahad Hijaz's with Form Interrogatories-General, Set One.

After the deadline to respond, Defendants requested an extension to respond, which Plaintiffs granted.

Defendants still did not respond to the discovery.

An order compelling responses to all discovery requests is warranted. (C.C.P., §§ 2030.290(a)-(b), 2031.300(a)-(b).) Plaintiffs request $2,160 in sanctions for each motion. Sanctions are warranted, but the Court will reduce the amount sought to $860 for each motion as a $600 hourly rate is unreasonably high for these straightforward motions and Plaintiffs did not incur the anticipated fees to prepare replies. [$400 per hour x 2 hours + $60 filing fee]. (C.C.P., §§ 2030.290(c), 2031.300(c).) Accordingly, the motions are GRANTED IN PART AND DENIED IN PART.

Concluding Orders Defendant Last Chance Store, LLC is ordered to serve a verified and code-compliant response to Plaintiffs Kristian Fonseca and Zacharias Junior Felix's Form Interrogatories – General, Set One, Form Interrogatories – Employment, Set One, Special Interrogatories, Set One and Request for Production of Calendar No.: Event ID:  TENTATIVE RULINGS

3067282  31 CASE NUMBER: CASE TITLE:  FONSECA VS LAST CHANCE STORE LLC [IMAGED]  37-2023-00031717-CU-OE-CTL Documents, Set One without objections, by June 21, 2024. For reference, the interrogatories are attached to the Declaration of Rodolfo Ruiz-Velasco at Exhibit 1-4. (ROA 22.) Defendant is also ordered to pay monetary sanctions in the amount of $860 to Plaintiffs by June 21, 2024.

Defendants Baha Shehab, Hussein Hijaz and Ashraf Fahad Hijaz are ordered to serve a verified and code-compliant response to Plaintiffs Kristian Fonseca and Zacharias Junior Felix's Form Interrogatories – General, Set One, without objections, by June 21, 2024. For reference, the interrogatories are attached to the Declaration of Rodolfo Ruiz-Velasco at Exhibit 1-3. (ROA 17.) Defendants are also ordered to pay monetary sanctions in the amount of $860 to Plaintiffs by June 21, 2024.

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

Plaintiffs are ordered to serve written notice of the Court's final order on all appearing parties by June 4, 2024.

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