Judge: Eddie C. Sturgeon, Case: 37-2021-00037421-CU-PN-CTL, Date: 2023-08-04 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 03, 2023

08/04/2023  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited  Professional Negligence Discovery Hearing 37-2021-00037421-CU-PN-CTL SARKISOVA VS BRAY [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 04/27/2023

Plaintiff Dina Sarkisova's Motion to Compel Further Responses to RFPs (ROA 104) is DENIED. RFP No. 1 seeks '[t]elephone usage logs reflecting all calls and text messages for all telephone lines of Firm and its representatives, both cellular and landlines, from September 22, 2019-present. Firm may conceal area codes and the first 3 digits of the phone numbers, but Plaintiff reserves the right to request that certain numbers be revealed in full, if needed.' This is an extremely broad set of documents, that would include privileged and irrelevant information. It is not reasonably calculated to lead to admissible evidence and no further response is required.

RFP No. 10 seeks '[e]vidence of payments made on behalf of Plaintiff or of other moving parties in connection with Plaintiff's custody case, such as court filing fees, court reporter fees, transcript purchases, courier and process server fees, between October 17, 2019-January 31, 2021.' Defendant has averred that it has no responsive communications in its possession, custody, or control because the requested documents have been lost, misplaced, or destroyed in the usual course of business. While this may be unsatisfying, it is compliant.

The motion is denied.

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