Judge: Joel R Wohlfeil, Case: 37-2022-00023222-CU-PA-CTL, Date: 2023-09-28 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 27, 2023

09/28/2023  01:30:00 PM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  PI/PD/WD - Auto Discovery Hearing 37-2022-00023222-CU-PA-CTL EPSTEIN VS ELLISON [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 08/16/2023

1. The Motion (ROA # 61) of Plaintiff Lindsay Epstein ('Plaintiff') for an order compelling Defendant Eddie V's Holdings, LLC ('Defendant' or 'Eddie V') to serve further responses to Plaintiff's Request for Production, Set Two, and for monetary sanctions, is, on the Court's own motion, CONTINUED for hearing to Friday September 29, 2023 at 9:00 AM in D 73.

The Motion is GRANTED IN PART and DENIED IN PART.

Preliminarily, the Court agrees with Plaintiff that 'California law provides parties with expansive discovery rights.' (Lopez v. Watchtower Bible and Tract Society of New York, Inc. (2016) 246 Cal. App. 4th 566, 590.) ... the statutory phrase 'subject matter' is broader than the issues and is not limited to admissible evidence. (Jessen v. Hartford Cas. Ins. Co. (2003) 111 Cal. App. 4th 698, 711.) As the Court of Appeal has stated: For discovery purposes, information is relevant if it might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement. Admissibility is not the test and information, unless privileged, is discoverable if it might reasonably lead to admissible evidence. These rules are applied liberally in favor of discovery, and (contrary to popular belief), fishing expeditions are permissible in some cases. (Gonzalez v. Superior Court (1995) 33 Cal. App. 4th 1539, 1546, citations and internal quotation marks omitted, italics in original.)' See ROA # 65 at page 3.

However, the specific discovery sought must still be relevant or reasonably calculated to lead to the discovery of admissible evidence to one or more of the elements of Plaintiff's claims or Defendant's defenses.

Here, the principal theory of relevancy is 'Defendant Robert Ellison's habits of drinking while on the job for Defendant Eddie V's,' which is consistent with the claims alleged in the Complaint.

Defendant's objections are, except as noted, SUSTAINED. For example, there appears to be no logical connection between 'Robert Ellison's inventory counts from January 1, 2021, to December 10, 2021' and 'Defendant Robert Ellison's habits of drinking while on the job for Defendant Eddie V's.' See RFP no. 21.

Defendant's objections to nos. 26 - 28 and 31 are OVERRULED.

Defendant is directed to serve further responses 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.

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3008904  4 CASE NUMBER: CASE TITLE:  EPSTEIN VS ELLISON [IMAGED]  37-2022-00023222-CU-PA-CTL Plaintiff's request for sanctions is DENIED. Defendant has not acted without substantial justification.

_ 2. The Motion (ROA # 62) of Plaintiff Lindsay Epstein ('Plaintiff') for an order compelling Defendant Eddie V's Holdings, LLC ('Defendant' or 'Eddie V') to serve further responses to Plaintiff's Request for Production, Set Three, and for monetary sanctions, is, on the Court's own motion, CONTINUED for hearing to Friday September 29, 2023 at 9:00 AM in D 73.

The Motion is GRANTED.

Defendant's objections are OVERRULED. The documents sought by Plaintiff are relevant or reasonably calculated to lead to the discovery of admissible evidence and are not privileged.

Defendant is directed to serve further responses 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.

Plaintiff's request for sanctions is GRANTED. Defendant's responses were served without substantial justification. Attorney Whitaker's $350 hourly rate is reasonable. Defendant only is directed to pay total sanctions of $700.

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