Judge: Glenn R. Salter, Case: 21-1219270, Date: 2022-10-20 Tentative Ruling

Special Interrogatories

The defendants’ motion to compel further answers to Special Interrogatories (Set One) is GRANTED in part and DENIED in part.

Nos. 7, 10, 11 are DENIED as MOOT as the plaintiff has provided supplemental responses.

No. 9 is DENIED as compound.

Nos. 22 and 23 are DENIED as they are overbroad and not limited in scope and time.

No. 4 is GRANTED.  The plaintiff’s objection to the term “Lottare” is evasive.  Lottare Strategic Solutions, LLC, dba National Finance Relief is a named defendant and therefore it is sufficiently clear that the term refers to that named defendant.  The term lead data is used in both the complaint and the alleged agreement.  Moreover, a protective order is in place to protect any concerns the plaintiff raised regarding trade secrets.

The competing requests for sanctions are DENIED.  (Code Civ. Proc., § 2030.300, subd. (d).)

Request for Production

The defendants’ motion to compel further responses to Requests for Production Nos. 4, 8, 17, and 21 is GRANTED.

The requests are relevant to the allegations in the complaint and the cross-complaint.  The plaintiff’s argument as to the definition of “Lottare” or “Defendants” is unpersuasive given the plaintiff has named that party (Lottare Strategic Solutions, LLC, dba National Finance Relief, business form unknown) as a defendant.

The request for sanctions is GRANTED in the amount of $1,500 to be paid by the plaintiff within 30 days.

Requests for Admissions

The defendants’ motion to compel further responses to Requests for Admissions (Set One) No. 3 is GRANTED as it appears relevant to the affirmative defenses raised by the defendants.

As to Requests Nos. 6 and 7, they are DENIED without prejudice.  The separate statement does not comply with Rule 3.1345(a)(1) of the California Rules of Court as it provides the wrong text for them.  A proper motion as to these requests may be filed within 10 days.

The request for sanctions is DENIED.

Notice

The defendants shall give notice.