Judge: Joel R Wohlfeil, Case: 37-2022-00026467-CU-BT-CTL, Date: 2023-10-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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EVENT DATE:

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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  Business Tort Discovery Hearing 37-2022-00026467-CU-BT-CTL BEAGLE VS KAOHU [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 09/12/2023

1. The Motion (ROA # 170) of Plaintiffs Lori Beagle, Blake Rosser and Marilyn Fletcher ('Plaintiffs') for an order compelling (1) Defendant Wendy Dyer ('Defendant') to comply with any agreement to produce documents in response to Plaintiffs' Requests for Production, Set One, and (2) Defendant and her counsel of record, Wilson Elser Moskowitz Edelman & Dicker LLP and Buchalter, APC, jointly and severally, to pay monetary sanctions, is GRANTED IN PART and DENIED IN PART.

Preliminarily, the Court recognizes that this is a contentious litigation; however, there are limits to which the parties may express their animosity toward each other, while refusing or failing to honor their representations or the discovery rules.

The Court has read and considered the declarations of Defendant's counsel - Attorneys Belva and Fortune - and acknowledges their recent efforts to resolve this dispute.

Defendant is directed to produce documents, as represented in her verified SECOND SUPPLEMENTAL RESPONSES - Exh. '11' to Attorney Schuchert's declaration - to Plaintiffs' Requests for Production, Set One, within twenty (20) days of the hearing of this Motion.

Defendant's failure to produce the documents was without substantial justification. Attorney Schuchert's hourly rate is reasonable. The services, as limited, are reasonable and necessary. Defendant only is directed to pay total sanctions in the amount of $3,780.

_____ 2. The Motion (ROA # 174) of Plaintiffs Lori Beagle, Blake Rosser and Marilyn Fletcher ('Plaintiffs') for an order compelling (1) Defendant Brian Fletcher ('Defendant') to comply with any agreement to produce documents in response to Plaintiffs' Requests for Production, Set One, and (2) Defendant and his counsel of record, Wilson Elser Moskowitz Edelman & Dicker LLP and Buchalter, APC, jointly and severally, to pay monetary sanctions, is GRANTED IN PART and DENIED IN PART.

Preliminarily, the Court recognizes that this is a contentious litigation; however, there are limits to which the parties may express their animosity toward each other, while refusing or failing to honor their representations or the discovery rules.

Calendar No.: Event ID:  TENTATIVE RULINGS

3019556 CASE NUMBER: CASE TITLE:  BEAGLE VS KAOHU [IMAGED]  37-2022-00026467-CU-BT-CTL The Court has read and considered the declarations of Defendant's counsel - Attorneys Belva and Fortune - and acknowledges their recent efforts to resolve this dispute.

Defendant is directed to produce documents, as represented in her verified SECOND SUPPLEMENTAL RESPONSES - Exh. '11' to Attorney Schuchert's declaration - to Plaintiffs' Requests for Production, Set One, within twenty (20) days of the hearing of this Motion.

Defendant's failure to produce the documents was without substantial justification. Attorney Schuchert's hourly rate is reasonable. The services, as limited, are reasonable and necessary. Defendant only is directed to pay total sanctions in the amount of $3,780.

_____ 3. The Motion (ROA # 178) of Plaintiffs Lori Beagle, Blake Rosser and Marilyn Fletcher ('Plaintiffs') for an order compelling (1) Defendant Jody Fletcher ('Defendant') to comply with any agreement to produce documents in response to Plaintiffs' Requests for Production, Set One, and (2) Defendant and her counsel of record, Wilson Elser Moskowitz Edelman & Dicker LLP and Buchalter, APC, jointly and severally, to pay monetary sanctions, is GRANTED IN PART and DENIED IN PART.

Preliminarily, the Court recognizes that this is a contentious litigation; however, there are limits to which the parties may express their animosity toward each other, while refusing or failing to honor their representations or the discovery rules.

The Court has read and considered the declarations of Defendant's counsel - Attorneys Belva and Fortune - and acknowledges their recent efforts to resolve this dispute.

Defendant is directed to produce documents, as represented in her verified SECOND SUPPLEMENTAL RESPONSES - Exh. '11' to Attorney Schuchert's declaration - to Plaintiffs' Requests for Production, Set One, within twenty (20) days of the hearing of this Motion.

Defendant's failure to produce the documents was without substantial justification. Attorney Schuchert's hourly rate is reasonable. The services, as limited, are reasonable and necessary. Defendant only is directed to pay total sanctions in the amount of $3,780.

_____ 4. The Motion (ROA # 182) of Plaintiffs Lori Beagle, Blake Rosser and Marilyn Fletcher ('Plaintiffs') for an order compelling (1) Defendant Mindy Fletcher ('Defendant') to comply with any agreement to produce documents in response to Plaintiffs' Requests for Production, Set One, and (2) Defendant and her counsel of record, Wilson Elser Moskowitz Edelman & Dicker LLP and Buchalter, APC, jointly and severally, to pay monetary sanctions, is GRANTED IN PART and DENIED IN PART.

Preliminarily, the Court recognizes that this is a contentious litigation; however, there are limits to which the parties may express their animosity toward each other, while refusing or failing to honor their representations or the discovery rules.

The Court has read and considered the declarations of Defendant's counsel - Attorneys Belva and Fortune - and acknowledges their recent efforts to resolve this dispute.

Defendant is directed to produce documents, as represented in her verified SECOND SUPPLEMENTAL RESPONSES - Exh. '11' to Attorney Schuchert's declaration - to Plaintiffs' Requests for Production, Set Calendar No.: Event ID:  TENTATIVE RULINGS

3019556 CASE NUMBER: CASE TITLE:  BEAGLE VS KAOHU [IMAGED]  37-2022-00026467-CU-BT-CTL One, within twenty (20) days of the hearing of this Motion.

Defendant's failure to produce the documents was without substantial justification. Attorney Schuchert's hourly rate is reasonable. The services, as limited, are reasonable and necessary. Defendant only is directed to pay total sanctions in the amount of $3,780.

_____ 5. The Motion (ROA # 186) of Plaintiffs Lori Beagle, Blake Rosser and Marilyn Fletcher ('Plaintiffs') for an order compelling (1) Defendant Scott Kaohu ('Defendant') to comply with any agreement to produce documents in response to Plaintiffs' Requests for Production, Set One, and (2) Defendant Scott Kaohu to produce all documents in this action, including the 39 documents he has already produced, in the format specified in the Requests, and (3) Defendant and his counsel of record, Wilson Elser Moskowitz Edelman & Dicker LLP and Buchalter, APC, jointly and severally, to pay monetary sanctions, is GRANTED IN PART and DENIED IN PART.

Preliminarily, the Court recognizes that this is a contentious litigation; however, there are limits to which the parties may express their animosity toward each other, while refusing or failing to honor their representations or the discovery rules.

The Court has read and considered the declarations of Defendant's counsel - Attorneys Belva and Fortune - and acknowledges their recent efforts to resolve this dispute.

Defendant is directed to produce documents, as represented in her verified SECOND SUPPLEMENTAL RESPONSES - Exh. '11' to Attorney Schuchert's declaration - to Plaintiffs' Requests for Production, Set One, within twenty (20) days of the hearing of this Motion. Defendant shall additionally produce documents in this action, including any documents already produced, in the format requested in the Requests. However, the Court emphasizes that this portion of the order is mutual and reciprocal.

Plaintiffs are also obligated to produce documents in the format requested by Defendants in their Requests.

Defendant's failure to produce the documents was without substantial justification. Attorney Schuchert's hourly rate is reasonable. The services, as limited, are reasonable and necessary. Defendant only is directed to pay total sanctions in the amount of $3,780.

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3019556