Judge: Colin Leis, Case: 23STCV00824, Date: 2025-04-08 Tentative Ruling

Case Number: 23STCV00824    Hearing Date: April 8, 2025    Dept: 74

THE JEWELRY THEATRE BUILDING, LLC vs ROSEMARIE BORAL,
et al. 23STCV00824 

Plaintiff propounded discovery on Rosemarie Boral on November 8, 2024.  Responses were due on December 13, 2024.  No responses were submitted at the time the motion was submitted.  Rosemarie Boral provided responses to the Requests for Admission on March 23, 2025.  Thus, the Motion to Deem Admitted is Moot.

            Plaintiff requests $1,640 in sanctions.  Defendant opposes sanctions on the grounds that they overlooked the discovery requests due to duplicative Form Interrogatories propounded with the Requests for Admission.  Based on the meet and confer emails provided in Plaintiff’s Reply, the Court finds sufficient evidence that Defendant’s Counsel had notice of the missing discovery as early as December 19, 2024.  At Defendant’s Counsel’s request Plaintiff’s Counsel granted an extension to January 20, 2025.  No discovery was served until March 23, 2025.  Thus, the Court finds Plaintiff’s sanctions warranted and reasonable.

CONCLUSION

            Plaintiff’s Motion to Deem Admitted is moot.  The Court awards $1,640 in sanctions to Plaintiff.