Judge: Joel R Wohlfeil, Case: 37-2023-00002174-CU-BT-CTL, Date: 2024-01-25 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 22, 2024

01/25/2024  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 37-2023-00002174-CU-BT-CTL TIJERINA VS MNA ONLINEV LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 11/16/2023

1. The Motion (ROA # 30, 51) of Plaintiffs Christopher Tijerina et al ('Plaintiffs' or 'Tijerina') for an order deeming admitted all Requests for Admission #1 - 330 (inclusive) propounded to Defendant MNA OnlineV LLC ('Defendant' or 'MNA'), and for monetary sanctions against MNA and its attorney Gabriel Moore, is GRANTED IN PART and DENIED IN PART.

The Court has read and considered Plaintiffs' Complaint as well as Defendants' respective Answers.

See ROA # 1, 11, 13, 22 and 24.

Based on this record, it appears as if Defendant has yet to serve responses to Plaintiffs' RFA's. In the absence of responses, the Court GRANTS Plaintiffs' request deeming admitted the RFA's 1 - 300.

Defendant's failure to serve responses to Plaintiffs' RFA's was without substantial justification. The hourly rate is reasonable, and the services, as limited, are reasonable and necessary. Defendant only is directed to pay total sanctions, including costs, of $1,946.55.

MNA's counter request for sanctions is DENIED. The Court has read and considered the extenuating circumstances reflected in the declaration of Attorney Moore; however, the Court is not persuaded that the circumstances relieve Defendant of its obligation to serve responses or requires Plaintiffs to withdraw their Motion.

_____ 2. The Motion (ROA # 35, 42, 51) of Plaintiffs Christopher Tijerina et al ('Plaintiffs' or 'Tijerina') for an order compelling Defendant MNA OnlineV LLC ('Defendant' or 'MNA') to provide code-compliant, verified, substantive, objection-free responses to Plaintiffs' Special Interrogatories, Form Interrogatories and Requests for Production of Documents (Set One), and for monetary sanctions against MNA and its attorney Gabriel Moore, is GRANTED IN PART and DENIED IN PART.

The Court has read and considered Plaintiffs' Complaint as well as Defendants' respective Answers.

See ROA # 1, 11, 13, 22 and 24.

Based on this record, it appears as if Defendant has yet to serve responses to Plaintiffs' Special Interrogatories, Form Interrogatories and Requests for Production of Documents (Set One). Defendant Calendar No.: Event ID:  TENTATIVE RULINGS

3062129 CASE NUMBER: CASE TITLE:  TIJERINA VS MNA ONLINEV LLC [IMAGED]  37-2023-00002174-CU-BT-CTL is directed to serve Code-compliant responses, without objections, within twenty (20) days of the hearing of this Motion, and produce documents within twenty-five (25) days of the hearing of this Motion.

Defendant's failure to serve responses to Plaintiffs' Special Interrogatories, Form Interrogatories and Requests for Production of Documents (Set One) was without substantial justification. The hourly rate is reasonable, and the services, as limited, are reasonable and necessary. Defendant only is directed to pay total sanctions, including costs, of $2,126.55.

MNA's counter request for sanctions is DENIED. The Court has read and considered the extenuating circumstances reflected in the declaration of Attorney Moore; however, the Court is not persuaded that the circumstances relieve Defendant of its obligation to serve responses or requires Plaintiffs to withdraw their Motion.

Calendar No.: Event ID:  TENTATIVE RULINGS

3062129