Judge: Eddie C. Sturgeon, Case: 37-2021-00017344-CU-PO-CTL, Date: 2024-01-05 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 04, 2024

01/05/2024  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited  PI/PD/WD - Other Discovery Hearing 37-2021-00017344-CU-PO-CTL DOE VS KIDS FIRST FOUNDATION [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff John Doe, by and through his Guardian ad Litem, P.J., P.J., and B.J.'s Motion to Compel Further Responses to RFPs, Set Two is DENIED in part as moot and GRANTED in part. Sanctions are awarded in the reduced amount of $600 against Defendant Kids First Foundation dba Vista Pacifica.

The court retains discretion to hear a motion to compel even if untimely responses are filed. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 408-409 (Sinaiko).) Through this discretion, the court 'it might deny the motion to compel responses as essentially unnecessary, in whole or in part, and just impose sanctions[.]' (Ibid.) Here, the court exercises its discretion to hear the motion and deny it as to RFP Nos. 99-104 but impose sanctions in the reduced amount of $600. As for RFP No. 113, Defendant is ordered to respond per Code as to whether it is unable to locate the documents 'because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or control of the responding party.' (Code Civ. Proc., § 2031.230.) This supplemental response is due within 5 days.

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