Judge: Eddie C. Sturgeon, Case: 37-2022-00016478-CU-PO-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 07, 2023

09/08/2023  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 37-2022-00016478-CU-PO-CTL HEIDKAMP VS PROSPECT HOSPITALITY LP [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 03/22/2023

Defendant and Cross-Complainant City of San Diego's Motion to Compel Responses to Special Interrogatories and Motion to Compel Responses to Requests for Production of Documents are DENIED as moot. Sanctions are awarded to the City against Defendants Prospect Hospitality, LP, Pacifica Hosts, Inc., and Oceanfront View, LLC in the reduced amount of $500.

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 'might compel responses without objection if it finds no legally valid responses have been provided to one or more interrogatories; it might deny the motion to compel responses as essentially unnecessary, in whole or in part, and just impose sanctions; it might treat the motion as [a motion to compel further responses] and . . . order the propounding party to 'meet and confer' . . . and file a separate statement . . . ; or it might take the motion off calendar, thereby requiring the propounding party to file a motion [to compel further responses].' (Ibid.) Here the court finds that sanctions are warranted in the reduced amount of $500.

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