Judge Joel R Wohlfeil, Case 37-2022-00016249-CU-BC-CTL 2024-01-04 Tentative Ruling

Judge: Joel R Wohlfeil, Case: 37-2022-00016249-CU-BC-CTL, Date: 2024-01-04 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - January 04, 2024

01/04/2024 01:30:00 PM C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

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, 11/22/2023

1. The Motion (ROA # 90) of Defendant / Cross-Complainant DRISCOLL MISSION BAY LLC ('Defendant' or 'DRISCOLL') for an order compelling the appearance of Cross-Defendant CRAIG STEVEN SEERING ('Seeing') for oral deposition, and for an order for monetary sanctions, is GRANTED IN PART and DENIED IN PART.

The Court has read and considered the Complaint by Aqua Adventures, Inc. ('Plaintiff') - ROA # 1 - the Answer by Defendants Driscoll Mission Bay LLC and Defendant Thomas Allen Driscoll ('Defendants') - ROA # 12 - the Cross-Complaint by Defendant and Cross-Complainant Driscoll Mission Bay LLC - ROA # 13 - and the Answer by Cross-Defendants Aqua Adventures, Inc. and Craig Steven Seering ('Cross-Defendants') - ROA # 27.

Seeing is directed to complete his deposition within twenty (20) days of the hearing of this deposition.

The Court has read and considered Attorney Kobernick's representation, at par. 6 of his declaration, that Seeing 'has been diagnosed with a health issue which limits his ability to participate in preparation of responses to discovery, deposition and trial.' Without questioning the integrity of this representation, it is inadequate evidence to support the inability of Seeing to attend a deposition under any circumstances.

Seeing's failure to complete his deposition is without substantial justification. Attorney Isaacs' $400 hourly rate is reasonable. The hours, as limited, are reasonable and necessary. Seeing only is directed to pay total sanctions of $1,200.

_____ 2. The Motion (ROA # 95) 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, Request for Admission, set one, and Production of Documents, set one, propounded on Cross-Defendant AQUA ADVENTURES, INC. ('AQUA'), and for monetary and evidentiary sanctions, is GRANTED IN PART and DENIED IN PART.

3053872 9 CASE NUMBER: CASE TITLE: AQUA ADVENTURES INC VS DRISCOLL MISSION BAY LLC 37-2022-00016249-CU-BC-CTL ('Cross-Defendants') - ROA # 27.

The Court has also read and considered its order granting Defendant's discovery Motions on July 27, 2023. See ROA # 79.

Aqua has still not complied with the Court's order. Service of unverified responses is akin to service of no responses.

Defendant's request to order Aqua to provide responses is DENIED. The Court will not issue a duplicative order.

Defendant's request for evidentiary sanctions is GRANTED. Aqua is barred from introducing evidence on the topics identified by Defendant at page 10, line 12 through page 11, line 25 of Defendant's memorandum. See ROA # 96.

Aqua's failure to comply with the Court's July 27, 2023 order is without substantial justification. Attorney Isaacs' $400 hourly rate is reasonable. The hours, as limited, are reasonable and necessary. Aqua only is directed to pay total sanctions of $1,200.

_____ 3. The Motion (ROA # 100) 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 ('SEERING'), and for an order imposing evidentiary, issue and / or monetary sanctions, is GRANTED IN PART and DENIED IN PART.

The Court has also read and considered its order granting Defendant's discovery Motions on July 27, 2023. See ROA # 79.

Seeing has still not complied with the Court's order. Service of unverified responses is akin to service of no responses.

Defendant's request to order Seeing to provide responses is DENIED. The Court will not issue a duplicative order.

Defendant's request for evidentiary sanctions is GRANTED. Seeing is barred from introducing evidence on the topics identified by Defendant at page 9, line 23 through page 10, line 17 of Defendant's memorandum. See ROA # 101.

Defendant's request for issue sanctions is DENIED. Escalating sanctions are imposed incrementally.

Issue sanctions, in addition to evidentiary sanctions, is cumulative, not incremental.

Seeing's failure to comply with the Court's July 27, 2023 order is without substantial justification.

Attorney Isaacs' $400 hourly rate is reasonable. The hours, as limited, are reasonable and necessary.

Aqua only is directed to pay total sanctions of $1,200.

Calendar No.: Event ID: TENTATIVE RULINGS

3053872 9