Judge: Joel R Wohlfeil, Case: 37-2022-00049348-CU-PA-CTL, Date: 2024-04-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 15, 2024

04/18/2024  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, 03/18/2024

The Court, on its own motion, CONTINUES the hearing of the below Motions to Friday April 19, 2024 at 9:00 AM in D 73.

1. The unopposed Motions (ROA # 75, 96, 112) of Plaintiff FELIPE ESTRADA ('Plaintiff') to compel Co-Plaintiff DANNY PHAM ('Co-Plaintiff Danny') to provide responses to Plaintiff's Form Interrogatories to Defendant, Set One, Plaintiff's Special Interrogatories to Defendant, Set One, and for monetary sanctions against Co-Plaintiff Danny and its attorney of record, is DENIED.

The Notice of Motion is vague, ambiguous and unintelligible in that the relief sought is against an unidentified 'Defendant' rather than Co-Plaintiff DANNY.

_____ 2. Plaintiff's unopposed Motions (ROA # 76, 97, 112) to compel DANNY PHAM ('Co-Plaintiff Danny') to provide responses to Plaintiff's Request for Production of Documents and Things to Co-Plaintiff Danny, Set One, and for monetary sanctions against Co-Plaintiff Danny and their attorney of record, is GRANTED IN PART and DENIED IN PART.

Co-Plaintiff Danny is directed to serve Code-compliant 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.

Co-Plaintiff Danny's failure to serve responses was without substantial justification.

Attorney's hourly rate is reasonable and, as limited, the services are reasonable and necessary.

Co-Plaintiff Danny only is directed to pay sanctions in the amount of $500.

_____ 3. Plaintiff's unopposed Motions (ROA # 77, 98, 112) to compel all requests for admissions propounded on DANNY PHAM ('Co-Plaintiff Danny') be admitted or, in the alternative, to compel responses from Calendar No.: Event ID:  TENTATIVE RULINGS

3111532 CASE NUMBER: CASE TITLE:  ESTRADA VS FUENTES [IMAGED]  37-2022-00049348-CU-PA-CTL Co-Plaintiff Danny, and for monetary sanctions by Co-Plaintiff Danny and its attorney of record, is GRANTED IN PART, DENIED IN PART and MOOT IN PART.

The Requests for Admissions are deemed admitted. The alternative relief is MOOT.

Co-Plaintiff Danny's failure to serve responses was without substantial justification.

Attorney's hourly rate is reasonable and, as limited, the services are reasonable and necessary.

Co-Plaintiff Danny only is directed to pay sanctions in the amount of $500.

_____ 4. Plaintiff's unopposed Motion (ROA # 84, 112) to compel DAISY PHAM ('Co-Plaintiff Daisy') to provide responses to Plaintiff's Form Interrogatories to Defendant, Set One, Plaintiff's Special Interrogatories to Defendant, Set One, and for monetary sanctions by Co-Plaintiff Daisy and its attorney of record, is DENIED.

The Notice of Motion is vague, ambiguous and unintelligible in that the relief sought is against an unidentified 'Defendant' rather than Co-Plaintiff DAISY.

_____ 5. Plaintiff's unopposed Motion (ROA # 85, 112) to compel DAISY PHAM ('Co-Plaintiff Daisy') to provide responses to Plaintiff's Request for Production of Documents and Things to Co-Plaintiff Daisy, Set One, and for monetary sanctions by Co-Plaintiff Daisy and their attorney of record, is GRANTED IN PART and DENIED IN PART.

Co-Plaintiff Daisy is directed to serve Code-compliant 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.

Co-Plaintiff Daisy's failure to serve responses was without substantial justification.

Attorney's hourly rate is reasonable and, as limited, the services are reasonable and necessary.

Co-Plaintiff Daisy only is directed to pay sanctions in the amount of $500.

_____ 6. Plaintiff's unopposed Motion (ROA # 86, 112) to compel all requests for admissions propounded on DAISY PHAM ('Co-Plaintiff Daisy') be admitted or, in the alternative, to compel responses from Co-Plaintiff Daisy, and for monetary sanctions by Co-Plaintiff Daisy and its attorney of record, is GRANTED IN PART, DENIED IN PART and MOOT IN PART.

The Requests for Admissions are deemed admitted. The alternative relief is MOOT.

Co-Plaintiff Daisy's failure to serve responses was without substantial justification.

Attorney's hourly rate is reasonable and, as limited, the services are reasonable and necessary.

Co-Plaintiff Daisy only is directed to pay sanctions in the amount of $500.

Calendar No.: Event ID:  TENTATIVE RULINGS

3111532 CASE NUMBER: CASE TITLE:  ESTRADA VS FUENTES [IMAGED]  37-2022-00049348-CU-PA-CTL _____ 7. Plaintiff's unopposed Motion (ROA # 90, 112) to compel TUYET NGUYEN ('Co-Plaintiff Tuyet') to provide responses to Plaintiff's Form Interrogatories to Defendant, Set One, Plaintiff's Special Interrogatories to Defendant, Set One, and for monetary sanctions by Co-Plaintiff Tuyet and its attorney of record, is DENIED.

The Notice of Motion is vague, ambiguous and unintelligible in that the relief sought is against an unidentified 'Defendant' rather than Co-Plaintiff Tuyet.

_____ 8. Plaintiff's unopposed Motion (ROA # 91, 112) to compel TUYET NGUYEN ('Co-Plaintiff Tuyet') to provide responses to Plaintiff's Request for Production of Documents and Things to Co-Plaintiff Tuyet, Set One, and for monetary sanctions by Co-Plaintiff Tuyet and their attorney of record, is GRANTED IN PART and DENIED IN PART.

Co-Plaintiff Tuyet is directed to serve Code-compliant 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.

Co-Plaintiff Tuyet's failure to serve responses was without substantial justification.

Attorney's hourly rate is reasonable and, as limited, the services are reasonable and necessary.

Co-Plaintiff Tuyet only is directed to pay sanctions in the amount of $500.

_____ 9. Plaintiff's unopposed Motion (ROA # 92, 112) of to compel all requests for admissions propounded on TUYET NGUYEN ('Co-Plaintiff Tuyet') be admitted or, in the alternative, to compel responses from Co-Plaintiff Tuyet, and for monetary sanctions by Co-Plaintiff Tuyet and their attorney of record, is GRANTED IN PART, DENIED IN PART and MOOT IN PART.

The Requests for Admissions are deemed admitted. The alternative relief is MOOT.

Co-Plaintiff Tuyet's failure to serve responses was without substantial justification.

Attorney's hourly rate is reasonable and, as limited, the services are reasonable and necessary.

Co-Plaintiff Tuyet only is directed to pay sanctions in the amount of $500.

Calendar No.: Event ID:  TENTATIVE RULINGS

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