Judge: Joel R Wohlfeil, Case: 37-2023-00007431-CU-PL-CTL, Date: 2024-05-09 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 07, 2024

05/09/2024  01:30:00 PM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Product Liability Discovery Hearing 37-2023-00007431-CU-PL-CTL PROCOPIO GIMENEZ VS GUNNAR OPTIKS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 03/29/2024

1. The Motion (ROA # 58, 81) of Plaintiff GASTON EZEQUIEL PROCOPIO GIMENEZ ('Plaintiff') for an order compelling Defendant AMAZON.COM, INC., Defendant AMAZON EXPORT SALES, INC. and Defendant AMAZON.COM SERVICES LLC ('Amazon Defendants') to provide further responses to Plaintiff's Form Interrogatories, Set One, and for monetary sanctions in the amount of $60 against Amazon Defendants, is GRANTED IN PART and DENIED IN PART.

Plaintiff's evidentiary objections (ROA # 109) are SUSTAINED.

The Court has read and considered Plaintiff's Complaint (ROA # 1) and Defendant's Answer (ROA # 12).

The Complaint alleges, in part, at par. 1: '1. GASTON EZEQUIEL PROCOPIO GIMENEZ ('Plaintiff') purchased and received a pair of Gunnar Onyx Vinyl Crystalline Glasses (hereinafter referred to as 'SUBJECT PRODUCT') ...' Defendant's objections and its responses are, except as noted, OVERRULED or inadequate.

Defendant's response to no. 4.1 is inadequate.

Defendant's objections to no. 15.1 are SUSTAINED IN PART and OVERRULED IN PART. The objections to the term 'each denial of a material allegation' are SUSTAINED. The objections to the term 'each ... affirmative defense' are OVERRULED.

Defendant's objections to no. 17.1 are OVERRULED.

Defendant is directed to serve Code-compliant further responses within twenty (20) days of the hearing of this Motion.

Plaintiff's request for sanctions is DENIED. Defendant's responses were not served without substantial justification.

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3113585 CASE NUMBER: CASE TITLE:  PROCOPIO GIMENEZ VS GUNNAR OPTIKS LLC [IMAGED]  37-2023-00007431-CU-PL-CTL 2. The Motion (ROA # 61, 81) of Plaintiff GASTON EZEQUIEL PROCOPIO GIMENEZ ('Plaintiff') for an order compelling Defendant AMAZON.COM, INC., Defendant AMAZON EXPORT SALES, INC. and Defendant AMAZON.COM SERVICES LLC ('Amazon Defendants') to provide further responses to Plaintiff's Special Interrogatories, Set One, and for monetary sanctions in the amount of $60 against Amazon Defendants, is GRANTED IN PART and DENIED IN PART.

Plaintiff's evidentiary objections (ROA # 112) are SUSTAINED.

The Court has read and considered Plaintiff's Complaint (ROA # 1) and Defendant's Answer (ROA # 12).

The Complaint alleges, in part, at par. 1: '1. GASTON EZEQUIEL PROCOPIO GIMENEZ ('Plaintiff') purchased and received a pair of Gunnar Onyx Vinyl Crystalline Glasses (hereinafter referred to as 'SUBJECT PRODUCT') ...' Preliminarily, the scope of the interrogatories seeking information 'of the GLASSES (generally)' is overbroad. The Court narrows the scope of the interrogatories to the product identified in par. 1 of the Complaint.

Second, the relevant website appears to be limited to the website in existence at the time of Plaintiff's alleged purchase of the product.

Third, the scope of the product's alleged defect is limited to injuries arising from the product's failure to protect 'eyes from blue light.' For example, the scope of the complaints in nos. 16 and 17 is narrowed to injuries arising from the product's failure to protect 'eyes from blue light.' Defendant's objections are, except as noted, OVERRULED.

Defendant is directed to serve Code-compliant further responses within twenty (20) days of the hearing of this Motion.

Plaintiff's request for sanctions is DENIED. Defendant's responses were not served without substantial justification.

_____ 3. The Motion (ROA # 64, 81) of Plaintiff GASTON EZEQUIEL PROCOPIO GIMENEZ ('Plaintiff') for an order compelling Defendant AMAZON.COM, INC., Defendant AMAZON EXPORT SALES, INC. and Defendant AMAZON.COM SERVICES LLC ('Amazon Defendants') to provide further responses to Plaintiff's Request for Production of Documents, Set One, and for monetary sanctions in the amount of $60 against Amazon Defendants, is GRANTED IN PART and DENIED IN PART.

Plaintiff's evidentiary objections (ROA # 111) are SUSTAINED.

The Court has read and considered Plaintiff's Complaint (ROA # 1) and Defendant's Answer (ROA # 12).

The Complaint alleges, in part, at par. 1: '1. GASTON EZEQUIEL PROCOPIO GIMENEZ ('Plaintiff') purchased and received a pair of Gunnar Onyx Vinyl Crystalline Glasses (hereinafter referred to as 'SUBJECT PRODUCT') ...' Preliminarily, the scope of the requests seeking documents 'for the GLASSES' is overbroad. The Court narrows the scope of the requests to the product identified in par. 1 of the Complaint.

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3113585 CASE NUMBER: CASE TITLE:  PROCOPIO GIMENEZ VS GUNNAR OPTIKS LLC [IMAGED]  37-2023-00007431-CU-PL-CTL Second, the relevant website appears to be limited to the website in existence at the time of Plaintiff's alleged purchase of the product.

Third, the scope of the product's alleged defect is limited to injuries arising from the product's failure to protect 'eyes from blue light.' For example, the scope of the complaints in no. 18 is narrowed to injuries arising from the product's failure to protect 'eyes from blue light.' Defendant's objections are, except as noted, OVERRULED.

Defendant is directed to serve Code-compliant further 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.

Plaintiff's request for sanctions is DENIED. Defendant's responses were not served without substantial justification.

_____ 4. The Motion (ROA # 68, 81) of Plaintiff GASTON EZEQUIEL PROCOPIO GIMENEZ ('Plaintiff') for an order compelling Defendant AMAZON.COM, INC., DEFENDANT AMAZON EXPORT SALES, INC, and DEFENDANT AMAZON.COM SERVICES LLC ('Amazon Defendants') to provide further responses to Plaintiff's Request for Admissions, Set One, and for monetary sanctions in the amount of $60 against Amazon Defendants, is GRANTED IN PART and DENIED IN PART.

Plaintiff's evidentiary objections (ROA # 110) are SUSTAINED.

The Court has read and considered Plaintiff's Complaint (ROA # 1) and Defendant's Answer (ROA # 12).

The Complaint alleges, in part, at par. 1: '1. GASTON EZEQUIEL PROCOPIO GIMENEZ ('Plaintiff') purchased and received a pair of Gunnar Onyx Vinyl Crystalline Glasses (hereinafter referred to as 'SUBJECT PRODUCT') ...' Second, the relevant website appears to be limited to the website in existence at the time of Plaintiff's alleged purchase of the product.

Third, the scope of the product's alleged defect is limited to injuries arising from the product's failure to protect 'eyes from blue light.' Defendant's objections are, except as noted, OVERRULED.

Defendant is directed to serve Code-compliant further responses within twenty (20) days of the hearing of this Motion.

Plaintiff's request for sanctions is DENIED. Defendant's responses were not served without substantial justification.

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3113585