Judge: James A. Mangione, Case: 37-2022-00001962-CU-BC-CTL, Date: 2023-12-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - December 20, 2023

12/22/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2022-00001962-CU-BC-CTL HTS USA INC VS AMIT [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiffs' Motion to Compel Production of Documents Requested in Plaintiffs' Notice of Taking Deposition of Sagy Amit is granted.

The Court finds that Plaintiff's Deposition Requests for Production Nos. 4-6 seek relevant information, are not harassing or overbroad and do not seek privileged information. Furthermore, the Court finds that Defendant waived any objection to these requests by failing to object to the deposition notice at least three days prior to the deposition date. (See CCP § 2025.410(a).) Defendant is ordered to produce any documents responsive to Plaintiff's Deposition Requests for Production Nos. 4-6 within twenty-one (21) days. For any documents Defendant states under oath he cannot produce, Defendant is ordered to (1) explain the efforts he made to collect them, and (2) whether they never existed, are in the possession, custody, or control of another, or were discarded or destroyed.

If any documents were destroyed or discarded, Defendant must explain the circumstances of their disposal or destruction.

In determining monetary sanctions in discovery matters, the Court will ordinarily rely on the reasonable attorney's fees incurred in connection with the discovery abuse. Here, no information was provided to the Court as to the number of hours spent on this motion or the hourly rate of Plaintiffs' Counsel.

Consequently, Plaintiffs' request for sanctions is denied.

The minute order is the order of the Court.

Calendar No.: Event ID:  TENTATIVE RULINGS

3032598