Judge: Joel R Wohlfeil, Case: 37-2022-00049348-CU-PA-CTL, Date: 2024-01-11 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 10, 2024

01/11/2024  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 37-2022-00049348-CU-PA-CTL ESTRADA VS FUENTES [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 12/08/2023

1. The Motion (ROA # 51) of Plaintiffs DANNY PHAM, DAISEY PHAM and TUYET NGUYEN (collectively 'Plaintiffs') for an order compelling Co-Plaintiff XIOMARA AYALA ('Co-Plaintiff Ayala') to provide verified responses without objections to 1) Form Interrogatories, Set One, and for monetary sanctions against Co-Plaintiff Ayala and her attorneys, is GRANTED IN PART, DENIED IN PART and MOOT IN PART.

According to the opposition, responses have been served to the interrogatories; therefore, this portion of the Motion is MOOT.

Co-Plaintiff Ayala's failure to serve timely responses was without substantial justification. Attorney Van Le's hourly rate is reasonable; however, there is no description of the services upon which the Court can find that the services were reasonable and necessary. Therefore, the amount of sanctions Co-Plaintiff Ayala only is directed to pay is limited to the $60 filing fee.

_____ 2. The Motion (ROA # 52 - 55) of Plaintiffs DANNY PHAM, DAISEY PHAM and TUYET NGUYEN (collectively 'Plaintiffs') for an order compelling Co-Plaintiff FILIPE ESTRADA ('Co-Plaintiff Estrada') to provide verified responses without objections to 1) Form Interrogatories, Set One, 2) Special Interrogatories, Set One, 3) Requests for Admission, Set One and 4) Requests for Production of Documents, Set One, and for monetary sanctions against Co-Plaintiff Estrada and his attorneys, is GRANTED IN PART, DENIED IN PART and MOOT IN PART.

According to the opposition, responses have been served to the discovery requests; therefore, this portion of the Motion is MOOT.

Co-Plaintiff Estrada's failure to serve timely responses was without substantial justification. Attorney Van Le's hourly rate is reasonable; however, there is no description of the services upon which the Court can find that the services were reasonable and necessary. Therefore, the amount of sanctions Co-Plaintiff Estrada only is directed to pay is limited to the $60 filing fee.

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3061420  9 CASE NUMBER: CASE TITLE:  ESTRADA VS FUENTES [IMAGED]  37-2022-00049348-CU-PA-CTL 3. The Motion (ROA # 62) of Plaintiff FELIPE DAMIAN ESTRADA ('Plaintiff') for relief from the waiver of objections to Request for Admissions, is GRANTED.

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3061420  9