Judge: Joel R Wohlfeil, Case: 37-2022-00051952-CU-PO-CTL, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 23, 2023

10/27/2023  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2022-00051952-CU-PO-CTL HOLIDAY VS BURGER KING CORPORATION [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Protective Order, 09/21/2023

The unopposed Motion (ROA # 38) of Defendant Burger King Company, LLC as Successor-in-Interest to Burger King Corporation ('DEFENDANT') for a Protective Order regarding the discovery served by Plaintiff MYCHIGLEN HOLIDAY ('Plaintiff'), and for monetary sanctions, is GRANTED.

Plaintiff purported served discovery on Defendant on or about January 24, 2023. Declaration of Attorney Macha, at par. 7.

According to the Court's file, Defendant did not appear until an Answer was filed on April 28, 2023. See ROA # 9.

Defendant's denial of Plaintiff's proper service of the discovery is credible. Par. 7 of Macha's declaration.

The Court is puzzled why Plaintiff did not withdraw the discovery based on the disputed service and simply re-serve the same discovery on Defendant.

The discovery purportedly served by Plaintiff is quashed.

Plaintiff's failure to withdraw the discovery and re-serve the same discovery on Defendant was without substantial justification. Attorney Macha's hourly rate is reasonable. The services, as limited, are reasonable and necessary. Plaintiff only is directed to pay total sanctions of $750.

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