Judge: Colin Leis, Case: 24STCV15151, Date: 2024-12-11 Tentative Ruling

Case Number: 24STCV15151    Hearing Date: December 11, 2024    Dept: 74

Silver Strand Care, LLC v. Duenas et al.

Defendant East Valley Adult Day Health Center, Inc.’s Motion to Compel Initial Responses to Requests for Admission.

On October 9, 2024, Defendant filed its motion to compel Plaintiff to respond to requests for admission. On October 18, 2024, Plaintiff served responses, making the motion moot.

Defendant requests discovery sanctions. The motion’s caption and the body of the motion identify Plaintiff Silver Strand Care, LLC by name. (Mattco Forge, Inc. v. Arthur Young & Co. (1990) 223 Cal.App.3d 1429, 1435.) Defendant requests $1,200.00 in sanctions at $300 per hour for four hours of work.  (Taheripour Decl., ¶ 15-18.)  The Court finds this reasonable.

CONCLUSION

            The Motion is Moot. The Court orders Silver Strand Care, LLC to pay $1,200 to Defendant’s counsel within 30 days.

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Defendant East Valley Adult Day Health Center, Inc.’s Motion to Produce Declan Mannion for Deposition.

On one hour’s notice, Declan Mannion failed to appear for his deposition on October 1, 2024, a date Mannion selected. Defendant filed on October 9 its motion to compel Mannion to appear for his deposition. On November 19, Mannion appeared for his deposition, rendering Defendant’s motion moot.

Defendant requests discovery sanctions. The motion’s caption and the body of the motion identify Mannion by name. (Mattco Forge, Inc. v. Arthur Young & Co. (1990) 223 Cal.App.3d 1429, 1435.) Defendant requests $1,200.00 in sanctions at $300 per hour for four hours of work.  (Taheripour Decl., ¶ 16-18.)  The Court finds this reasonable.

CONCLUSION

            The Motion is Moot. The Court orders Mannion to pay $1,200 to Defendant’s counsel within 30 days.