Judge: Elaine Lu, Case: 22STCV00268, Date: 2023-03-13 Tentative Ruling
Case Number: 22STCV00268 Hearing Date: March 13, 2023 Dept: 26
On December 30, 2022, Plaintiff Randy Uribe (“Plaintiff”) filed
the six instant motion to compel further responses to Form Interrogatories, Set
One, Special Interrogatories, Set One, Request for Production of Documents, Set
One from DEFENDANT CHICK N’ SKINS, LLC and DEFENDANT CHICK N’ KING, LLC
respectively.
On January 31, 2023, the Court ordered any opposition to be
filed by February 10, 2023 and any reply by February 16, 2023.
On February 14, 2023, Plaintiff filed a notice of
non-opposition to the instant discovery motions. As no oppositions were
filed, on February 27, 2023 the Court advanced the instant motions to be heard
on March 13, 2023.
Plaintiff’s UNOPPOSED motion to compel DEFENDANT CHICK N’
SKINS, LLC’s further responses to Plaintiff’s Form Interrogatories, Set One is
GRANTED. DEFENDANT CHICK N’ SKINS, LLC is ordered to serve
verified, code compliant further responses, without objections, to Form
Interrogatories, Set One within 30 days.
Plaintiff’s UNOPPOSED motion to compel DEFENDANT CHICK N’
SKINS, LLC’s further responses to Plaintiff’s Special Interrogatories, Set One
is GRANTED. DEFENDANT CHICK N’ SKINS, LLC is ordered to serve
verified, code compliant further responses, without objections, to Special
Interrogatories, Set One within 30 days.
Plaintiff’s UNOPPOSED motion to compel DEFENDANT CHICK N’
SKINS, LLC’s further responses to Plaintiff’s Request for Production of
Documents, Set One is GRANTED. DEFENDANT CHICK N’ SKINS, LLC is
ordered to serve verified, code compliant further responses, without
objections, to Request for Production of Documents, Set One within 30
days.
Plaintiff’s UNOPPOSED motion to compel DEFENDANT CHICK N’
KING, LLC’s further responses to Plaintiff’s Form Interrogatories, Set One is
GRANTED. DEFENDANT CHICK N’ KING, LLC is ordered to serve verified,
code compliant further responses, without objections, to Form
Interrogatories, Set One within 30 days.
Plaintiff’s UNOPPOSED motion to compel DEFENDANT CHICK N’
KING, LLC’s further responses to Plaintiff’s Special Interrogatories, Set One
is GRANTED. DEFENDANT CHICK N’ KING, LLC is ordered to serve verified,
code compliant further responses, without objections, to Special
Interrogatories, Set One within 30 days.
Plaintiff’s UNOPPOSED motion to compel DEFENDANT CHICK N’
KING, LLC’s further responses to Plaintiff’s Request for Production of
Documents, Set One is GRANTED. DEFENDANT CHICK N’ KING, LLC is ordered to
serve verified, code compliant further responses, without objections, to Request
for Production of Documents, Set One within 30 days.
As DEFENDANT CHICK N’ SKINS, LLC and DEFENDANT CHICK
N’ KING, LLC have filed to provide code compliant responses and has
asserted unsubstantiated objections, sanctions are warranted. However,
the amount of sanctions requested is excessive given that DEFENDANT CHICK N’
SKINS, LLC and DEFENDANT CHICK N’ KING, LLC failed to oppose the instant
motions such that no time spent on a reply would be warranted. In addition, at the January 31, 2023 hearing,
Defense Counsel indicated that part of the reason he has not served further
responses is that he is unable to reach clients. Accordingly, sanctions are imposed only
against the clients and not Defense Counsel.
Pursuant to the consolidated request for sanctions,
DEFENDANT CHICK N’ SKINS, LLC is ordered to pay sanctions to Plaintiff by and
through counsel of record, in the amount of $3,100.00, within 30 days.
Pursuant to the consolidated request for sanctions,
DEFENDANT CHICK N’ KING, LLC is ordered to pay sanctions to Plaintiff by and
through counsel of record, in the amount of $3,100.00, within 30 days.
Plaintiff to give notice and file proof of service of such
within 3 days.