Judge: Joel R Wohlfeil, Case: 37-2022-00000235-CU-PO-CTL, Date: 2023-10-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 09, 2023

10/12/2023  01:30:00 PM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  PI/PD/WD - Other Discovery Hearing 37-2022-00000235-CU-PO-CTL GUO VS PAN [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 08/25/2023

The Motion (ROA # 49) of Plaintiff Enguang Guo ('Plaintiff') for an order compelling Defendant Ling's Transport LLC ('Defendant') to serve further, verified responses, without objections to Special Interrogatories, Set No. Two, Interrogatories Nos. 16, 18 and 20, and for monetary sanctions on Defendant and Defense Counsel, is GRANTED IN PART and DENIED IN PART.

Plaintiff's Complaint, at par. 8, alleges: 'Specifically, at all times relevant hereto, BAOLUO PAN; (1) controlled the business and affairs of LING'S TRANSPORT LLC; (2) commingled his funds and assets with LING'S TRANSPORT LLC and diverted LLC funds and assets for his own personal use; (3) disregarded legal formalities and failed to maintain an arm's length relationship; (4) inadequately capitalized LING'S TRANSPORT LLC; (5) used LING'S TRANSPORT LLC as a mere shell, instrumentality or conduit for his personal business, and; (6) used LING'S TRANSPORT LLC as a shield against personal obligations, and in particular, the obligations raised in this complaint.' (emphasis added by the Court) The subject discovery - though financially sensitive - is independently relevant to one or more of the elements of Plaintiff's claims on which Plaintiff bears the burden of proof. On this basis, Defendant's objections are OVERRULED.

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

Plaintiff's request for sanctions is DENIED. Defendant has not acted without substantial justification.

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