Judge: Joel R Wohlfeil, Case: 37-2022-00016249-CU-BC-CTL, Date: 2023-07-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - July 25, 2023

07/27/2023  01:30:00 PM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2022-00016249-CU-BC-CTL AQUA ADVENTURES INC VS DRISCOLL MISSION BAY LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 06/28/2023

1. The unopposed Motion (ROA # 48) of Defendant / Cross-Complainant DRISCOLL MISSION BAY LLC ('Defendant' or 'DRISCOLL') for an Order (1) compelling responses to Form Interrogatories, set one, Special Interrogatories, Set one, and Production of Documents, set one, propounded on Plaintiff / Cross-Defendant AQUA ADVENTURES, INC. ('Plaintiff' or 'AQUA') on May 10, 2023 and (2) that Requests for Admissions, set one, propounded on Plaintiff on May 10, 2023, be deemed admitted, and for monetary sanctions, is GRANTED IN PART and DENIED IN PART.

Plaintiff is directed to serve responses, without objections, to Defendant's Form Interrogatories, Special Interrogatories, and Production of Documents within twenty (20) days of the hearing of this Motion and produce the documents within twenty-five (25) days of the hearing of this Motion.

Defendant's Requests for Admissions, set one, propounded on Plaintiff on May 10, 2023, be deemed admitted, is DENIED. Defendant's opposition and Plaintiff's reply appears to acknowledge that Defendant has served responses.

Plaintiff's failure to serve responses was without substantial justification. Attorney Williamson's $400 hourly rate is reasonable. The services, as limited, was reasonable and necessary. Plaintiff is directed to pay total sanctions of $1,000.

_____ 2. The unopposed Motion (ROA # 53) of Defendant / Cross-Complainant DRISCOLL MISSION BAY LLC ('Defendant' or 'DRISCOLL') for an Order compelling responses to Form Interrogatories, set one, Special Interrogatories, Set one and Production of Documents, set one, propounded on Cross-Defendant CRAIG STEVEN SEERING ('Cross-Defendant' or 'SEERING') and served on May 10, 2023, and for monetary sanctions, is GRANTED IN PART and DENIED IN PART.

Cross-Defendant is directed to serve responses, without objections, to Defendant's Form Interrogatories, Special Interrogatories, and Production of Documents within twenty (20) days of the hearing of this Motion and produce the documents within twenty-five (25) days of the hearing of this Motion.

Defendant's Requests for Admissions, set one, propounded on Cross-Defendant on May 10, 2023, be deemed admitted, is DENIED. Defendant's opposition and Plaintiff's reply appears to acknowledge that Calendar No.: Event ID:  TENTATIVE RULINGS

2989820 CASE NUMBER: CASE TITLE:  AQUA ADVENTURES INC VS DRISCOLL MISSION BAY LLC  37-2022-00016249-CU-BC-CTL Defendant has served responses.

Cross-Defendant's failure to serve responses was without substantial justification. Attorney Williamson's $400 hourly rate is reasonable. The services, as limited, was reasonable and necessary.

Cross-Defendant is directed to pay total sanctions of $1,000.

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2989820