Judge: James A. Mangione, Case: 37-2021-00009169-CU-PA-CTL, Date: 2023-11-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 02, 2023

11/03/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  PI/PD/WD - Auto Discovery Hearing 37-2021-00009169-CU-PA-CTL CHAVEZ VS GAINS [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Upon its own motion, the Court refers the listed Motions to Compel to a discovery referee. As to Defendant Bay Alarm Company: (1) Further Responses to Form Interrogatories, Set One, Numbers 13.1 & 13.2; (2) Further Responses to Further Responses to Request for Production of Documents, Set One, Numbers 1-3; and (3) Further Responses to Initial Responses to Request for Production of Documents, Set One, Numbers 8-30. As to Defendant Jaimey Marcelle Gaines: (1) Further Responses to Requests for Admission, Set One; (2) Further Responses to Request for Production of Documents, Set One; (3) Further Responses to Special Interrogatories, Set One; and (4) Further Responses to Form Interrogatories, Set One.

Pursuant to CCP Section 639, the Court in its discretion finds that it is necessary to appoint a discovery referee to hear and determine the above discovery motions in this action. A discovery referee is appropriate because of the multiple issues to be resolved and the inordinate amount of time and judicial resources required to review and adjudicate the multiple discovery motions at issue. (See, e.g. Taggares v. Superior Court (1998) 62 Cal.App.4th 94, 105.) The parties shall stipulate, if possible, to the selection of the discovery referee on or before November 17, 2023 and submit a proposed order to the court satisfying the requirements of CCP § 639(d).

If the parties are unable to agree on the selection of the referee, the parties shall submit the names of three proposed discovery referees and the court will select a discovery referee from those names. (CCP § 640.) The referee shall have the authority to set the date, time, and place for all hearings determined by the referee to be necessary; to direct the issuance of subpoenas; to preside over hearings; to take evidence; and to rule on objections, motions, and other requests made during the course of the hearing.

The court shall seek the recommendation of the referee as to a fair allocation of the referee's fees.

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