Judge: Joel R Wohlfeil, Case: 37-2021-00023321-CU-MC-CTL, Date: 2024-01-25 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 04, 2024

01/05/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Misc Complaints - Other Motion Hearing (Civil) 37-2021-00023321-CU-MC-CTL MATA VS. DIGITAL RECOGNITION NETWORK INC [E-FILE] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 12/04/2023

1. The Motion (ROA # 142) of Plaintiff GUILLERMO MATA ('Plaintiff') for an order seeking to issue notice to the class and appoint the notice administrator, is GRANTED IN PART and DENIED IN PART.

The Court approves the appointment of Simpluris, Inc. as the notice administrator, the proposed multipart media plan to provide notice, and the contents of the proposed internet and newspaper notice.

The Court also adopts the long-form class notice submitted by the parties. However, section 3 of the notice is modified such that it reads as follows: 'DRN denies Plaintiffs allegations and maintains that its actions were lawful. DRN maintains that it has at all times complied with the requirements of California law, and that the usage and privacy policy available on the homepage of its website fully complies with the ALPR statute. DRN also maintains that the ALPR statute does not prohibit the collection or storage of ALPR information and that its ALPR system is secure and has never been breached. Finally, DRN maintains that neither Plaintiff nor any similarly situated person has suffered any harm.

DRN's answer to the Complaint is also at the website.

The Court has not yet decided if Plaintiff's claims or DRN's defenses have merit.' The Court will sign the proposed order - ROA # 143 - as modified, at the hearing of this Motion. Plaintiff is directed to prepare and submit a proposed modified order at the hearing .

_____ 2. The Motion (ROA # 150) of Plaintiff Guillermo Mata ('Plaintiff') for an order to Compel Responses to Special Interrogatories propounded to Defendant DIGITAL RECOGNITION NETWORK, INC.

('Defendant'), is GRANTED IN PART and DENIED IN PART.

The parties agree that Defendant served supplemental responses within the forty-five (45) day deadline provided for by the Code; however, Defendant points out that the focus of the supplemental responses were interrogatories 12 - 16 and the responses to interrogatories 17 - 31 were not changed. Assuming that the Court's understanding that Defendant included responses to interrogatories 17 - 31 in the Calendar No.: Event ID:  TENTATIVE RULINGS

3060063  6 CASE NUMBER: CASE TITLE:  MATA VS. DIGITAL RECOGNITION NETWORK INC [E-FILE]  37-2021-00023321-CU-MC-CTL supplemental responses, Defendant's untimeliness argument is not persuasive.

Defendant's objections are, except as noted, OVERRULED. The Court, on its own motion, re-defines the relevant time period from May 26, 2017 to the date that Plaintiff propounded this set of Special Interrogatories.

Defendant is directed to serve Code-compliant responses, without objections, within twenty (20) days of the hearing of this Motion.

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