Judge H. Jay Ford, III, Case Number: 23SMCV06048, Date: 2024-09-12 Tentative Ruling

Judge: H. Jay Ford, III, Case: 23SMCV06048, Date: 2024-09-12 Tentative Ruling

Case Number: 23SMCV06048 Hearing Date: September 12, 2024 Dept: O

23SMCV06048 SHANNON KENNY vs ROCHESTER REGAL, LLC, A CAL.

9-12-24 23SMCV06048 Kenny MTC FROGS (Set One)

Plaintiff Shannon Kenny's Motion to Compel Form Interrogatories (Set One) and sanctions in the amount of $774 as to Defendant Rochester Regal, LLC is GRANTED. Plaintiff served Defendant with Discovery Requests on 3-28-24, with responses due by 5-1-24. (See Brink Reply Decl., ¶¶ 3, 4.) Plaintiff did not receive responses by 5-1-24, and Plaintiff filed Motions to Compel discovery on 5-17-24. (Id., ¶¶ 5–7.) The parties met and conferred with the stipulation that if responses were received by 6-7-24 and Defendant paid for administrative costs of the motion filings, the Plaintiff would consider withdrawing the motion. (Id., ¶¶ 10–12.) Defendants did not serve responses on 6-7-24, and Plaintiff did not withdraw the motions. (Id., ¶¶ 14, 15.) Defendant provided unverified discovery responses on 8-14-24, and provided verification on 8-30-24, and served the Plaintiff with the opposition to the motion on 9-3-24. (Id., ¶¶ 24–30.)

Defendant's responses to FROGS (Set One) were filed late, which necessitated the filing of a motion to compel, and FROGS Nos. 16.1–16.10 included objections. Defendants are ordered to serve responses to FROGS (Set One) without objection and pay sanctions in the amount of $774 (1.2 hrs. @ $595.00/hr. + $60 filing fee).

9-12-24 23SMCV06048 Kenny MTC SROGS (Set One)

Plaintiff Shannon Kenny's Motion to Compel Special Interrogatories (Set One) and sanctions in the amount of $774 as to Defendant Rochester Regal, LLC is GRANTED as to sanctions only. Plaintiff served Defendant with Discovery Requests on 3-28-24, with responses due by 5-1-24. (See Brink Reply Decl., ¶¶ 3, 4.) Plaintiff did not receive responses by 5-1-24, and Plaintiff filed Motions to Compel discovery on 5-17-24. (Id., ¶¶ 5–7.) The parties met and conferred with the stipulation that if responses were received by 6-7-24 and Defendant paid for administrative costs of the motion filings, the Plaintiff would consider withdrawing the motion. (Id., ¶¶ 10–12.) Defendants did not serve responses on 6-7-24, and Plaintiff did not withdraw the motions. (Id., ¶¶ 14, 15.) Defendant provided unverified discovery responses on 8-14-24, and provided verification on 8-30-24, and served the Plaintiff with the opposition to the motion on 9-3-24. (Id., ¶¶ 24–30.)

Defendant's responses to SROGS (Set One) were filed late, which necessitated the filing of a motion to compel. Defendants are ordered to pay sanctions in the amount of $774 (1.2 hrs. @ $595.00/hr. + $60 filing fee) pursuant to Cal. Rules of Court, Rule 3.1348. (See Cal. Rules of Court, Rule 3.1348 ["The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery . . . [and] the requested discovery was provided to the moving party after the motion was filed.]

9-12-24 23SMCV06048 Kenny MTC RFPs (Set One)

Plaintiff Shannon Kenny's Motion to Compel Responses to Requests for Production (Set One) and sanctions in the amount of $774 as to Defendant Rochester Regal, LLC is GRANTED as to sanctions only. Plaintiff served Defendant with Discovery Requests on 3-28-24, with responses due by 5-1-24. (See Brink Reply Decl., ¶¶ 3, 4.) Plaintiff did not receive responses by 5-1-24, and Plaintiff filed Motions to Compel discovery on 5-17-24. (Id., ¶¶ 5–7.) The parties met and conferred with the stipulation that if responses were received by 6-7-24 and Defendant paid for administrative costs of the motion filings, the Plaintiff would consider withdrawing the motion. (Id., ¶¶ 10–12.) Defendants did not serve responses on 6-7-24, and Plaintiff did not withdraw the motions. (Id., ¶¶ 14, 15.) Defendant provided unverified discovery responses on 8-14-24, and provided verification on 8-30-24, and served the Plaintiff with the opposition to the motion on 9-3-24. (Id., ¶¶ 24–30.)

Defendant's responses to RFPs (Set One) were filed late, which necessitated the filing of a motion to compel. Defendants are ordered to pay sanctions in the amount of $774 (1.2 hrs. @ $595.00/hr. + $60 filing fee) pursuant to Cal. Rules of Court, Rule 3.1348. (See Cal. Rules of Court, Rule 3.1348 ["The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery . . . [and] the requested discovery was provided to the moving party after the motion was filed.]

9-12-24 23SMCV06048 Kenny Motion to Deem RFAs Admitted.

Plaintiff Shannon Kenny's Motion to Compel Deem Requests for Admissions (Set One) admitted and sanctions in the amount of $774 as to Defendant Rochester Regal, LLC is GRANTED as to sanctions only. Plaintiff served Defendant with Discovery Requests on 3-28-24, with responses due by 5-1-24. (See Brink Reply Decl., ¶¶ 3, 4.) Plaintiff did not receive responses by 5-1-24, and Plaintiff filed Motions to Compel discovery on 5-17-24. (Id., ¶¶ 5–7.) The parties met and conferred with the stipulation that if responses were received by 6-7-24 and Defendant paid for administrative costs of the motion filings, the Plaintiff would consider withdrawing the motion. (Id., ¶¶ 10–12.) Defendants did not serve responses on 6-7-24, and Plaintiff did not withdraw the motions. (Id., ¶¶ 14, 15.) Defendant provided unverified discovery responses on 8-14-24, and provided verification on 8-30-24, and served the Plaintiff with the opposition to the motion on 9-3-24. (Id., ¶¶ 24–30.)

Defendant provided RFA responses in substantial compliance with CCP § 2033.220 prior to the 9-12-24 hearing, thus RFA's will not be deemed admitted pursuant to CCP § 2033.280, however, Defendant will still owe sanctions in the amount of $ ($774 (1.2 hrs. @ $595.00/hr. + $60 filing fee). (See Code Civ. Proc., § 2033.280c [The court shall order RFA's admitted "unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion."].)