Judge: Joel R Wohlfeil, Case: 37-2022-00027552-CU-BC-CTL, Date: 2023-11-30 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 27, 2023

11/30/2023  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 37-2022-00027552-CU-BC-CTL PREF HILLCREST LLC VS LIV MARKETPLACE LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 10/30/2023

1. The unopposed Motion (ROA # 46) of Plaintiff PREF HILLCREST, LLC ('Plaintiff') for an order compelling further response to Form Interrogatories, Set One, served on Defendant NEW DELI HILLCREST, LLC ('Defendant'), and for an order imposing monetary sanctions, is GRANTED IN PART and DENIED IN PART.

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

Defendant's failure to serve responses was without substantial justification; however, Plaintiff has not provided the Court with sufficient information to find that the rate of service and the nature and extent of the services were reasonable and necessary. Accordingly, Plaintiff has not carried its burden on the amount of sanctions, and this portion of the Motion is DENIED.

_____ 2. The unopposed Motion (ROA # 50) of Plaintiff PREF HILLCREST, LLC ('Plaintiff') for an order compelling further response to Requests for Production, Set One, served on Defendant NEW DELI HILLCREST, LLC ('Defendant'), and for an order imposing monetary sanctions, is GRANTED IN PART and DENIED IN PART.

Defendant is directed to serve Code-compliant responses, without objections, 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 failure to serve responses was without substantial justification; however, Plaintiff has not provided the Court with sufficient information to find that the rate of service and the nature and extent of the services were reasonable and necessary. Accordingly, Plaintiff has not carried its burden on the amount of sanctions, and this portion of the Motion is DENIED.

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3045606 CASE NUMBER: CASE TITLE:  PREF HILLCREST LLC VS LIV MARKETPLACE LLC [IMAGED]  37-2022-00027552-CU-BC-CTL 3. The unopposed Motion (ROA # 54) of Plaintiff PREF HILLCREST, LLC ('Plaintiff') for an order deeming Request for Admission, Set One, served on Defendant NEW DELI HILLCREST, LLC ('Defendant') admitted, and for an order imposing monetary sanctions, is GRANTED IN PART and DENIED IN PART.

In the absence of responses, the Court deems the Request for Admission, Set One, served on Defendant to be admitted.

Defendant's failure to serve responses was without substantial justification; however, Plaintiff has not provided the Court with sufficient information to find that the rate of service and the nature and extent of the services were reasonable and necessary. Accordingly, Plaintiff has not carried its burden on the amount of sanctions, and this portion of the Motion is DENIED.

_____ 4. The unopposed Motion (ROA # 58) of Plaintiff PREF HILLCREST, LLC ('Plaintiff') for an order compelling further response to Special Interrogatories, Set One, served on Defendant NEW DELI HILLCREST, LLC ('Defendant'), and for an order imposing monetary sanctions, is GRANTED IN PART and DENIED IN PART.

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

Defendant's failure to serve responses was without substantial justification; however, Plaintiff has not provided the Court with sufficient information to find that the rate of service and the nature and extent of the services were reasonable and necessary. Accordingly, Plaintiff has not carried its burden on the amount of sanctions, and this portion of the Motion is DENIED.

_____ 5. The unopposed Motion (ROA # 62) of Plaintiff PREF HILLCREST, LLC ('Plaintiff') for an order compelling further response to Form Interrogatories, Set One, served on Defendant PLANTX LIFE, INC.

('Defendant'), and for an order imposing monetary sanctions, is GRANTED IN PART and DENIED IN PART.

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

Defendant's failure to serve responses was without substantial justification; however, Plaintiff has not provided the Court with sufficient information to find that the rate of service and the nature and extent of the services were reasonable and necessary. Accordingly, Plaintiff has not carried its burden on the amount of sanctions, and this portion of the Motion is DENIED.

_____ 6. The unopposed Motion (ROA # 66) of Plaintiff PREF HILLCREST, LLC ('Plaintiff') for an order deeming Request for Admission, Set One, served on Defendant PLANTX LIFE, INC. ('Defendant') admitted, and for an order imposing monetary sanctions, is GRANTED IN PART and DENIED IN PART.

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3045606 CASE NUMBER: CASE TITLE:  PREF HILLCREST LLC VS LIV MARKETPLACE LLC [IMAGED]  37-2022-00027552-CU-BC-CTL In the absence of responses, the Court deems the Request for Admission, Set One, served on Defendant to be admitted.

Defendant's failure to serve responses was without substantial justification; however, Plaintiff has not provided the Court with sufficient information to find that the rate of service and the nature and extent of the services were reasonable and necessary. Accordingly, Plaintiff has not carried its burden on the amount of sanctions, and this portion of the Motion is DENIED.

_____ 7. The unopposed Motion (ROA # 70) of Plaintiff PREF HILLCREST, LLC ('Plaintiff') for an order compelling further response to Requests for Production, Set One, served on Defendant PLANTX LIFE, INC. ('Defendant'), and for an order imposing monetary sanctions, is GRANTED IN PART and DENIED IN PART.

Defendant is directed to serve Code-compliant responses, without objections, 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 failure to serve responses was without substantial justification; however, Plaintiff has not provided the Court with sufficient information to find that the rate of service and the nature and extent of the services were reasonable and necessary. Accordingly, Plaintiff has not carried its burden on the amount of sanctions, and this portion of the Motion is DENIED.

_____ 8. The unopposed Motion (ROA # 74) of Plaintiff PREF HILLCREST, LLC ('Plaintiff') for an order compelling further response to Special Interrogatories, Set One, served on Defendant PLANTX LIFE, INC. ('Defendant'), and for an order imposing monetary sanctions, is GRANTED IN PART and DENIED IN PART.

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

Defendant's failure to serve responses was without substantial justification; however, Plaintiff has not provided the Court with sufficient information to find that the rate of service and the nature and extent of the services were reasonable and necessary. Accordingly, Plaintiff has not carried its burden on the amount of sanctions, and this portion of the Motion is DENIED.

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