Judge: Joel R Wohlfeil, Case: 37-2023-00007445-CU-OE-CTL, Date: 2023-10-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 09, 2023

10/12/2023  01:30:00 PM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Other employment Discovery Hearing 37-2023-00007445-CU-OE-CTL GUERRERO VS VOLLIG LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 09/05/2023

1. The Motion (ROA # 27) of PLAINTIFF ANGELO GUERRERO ('Plaintiff') for an order compelling Defendant Adam Gill ('Defendant') to serve further, verified responses, without objections, to Plaintiff's form interrogatories - general, set one, number 4.1, and for monetary sanctions against Defendant and his attorneys of record, Kevin R. Nowicki of Gordee, Nowicki & Blakeney LLP, is GRANTED IN PART and DENIED IN PART.

Preliminarily, the Court is not clear on the status of the supplemental response which were apparently served by Defendant.

Defendant's objections are OVERRULED. To the extent not already done, Defendant is directed to serve a further response, without objections, to no. 4.1 within twenty (20) days of the hearing of this Motion.

Defendant's objections were interposed without substantial justification. Attorney RAINSBERRY's $425 hourly rate is reasonable. The services were reasonable and necessary. Defendant only is directed to pay total sanctions in the amount of $850.

Defendant'[s counter request for sanctions is DENIED. Plaintiff did not act without substantial justification.

_____ 2. The Motion (ROA # 32) of PLAINTIFF ANGELO GUERRERO ('Plaintiff') for an order compelling Defendant Adam Gill ('Defendant') to serve further, verified responses, without objections, to Plaintiff's special interrogatories set one, numbers 1 to 35, and for an order for monetary sanctions against Defendant and his attorneys of record, Kevin R. Nowicki of Gordee, Nowicki & Blakeney LLP, is GRANTED IN PART and DENIED IN PART.

Preliminarily, the Court is not clear on the status of the supplemental responses which were apparently served by Defendant.

Defendant's objections to nos. 1 - 26 are OVERRULED. To the extent not already done, Defendant is directed to serve further responses, without objections, to nos. 1 - 26 within twenty (20) days of the Calendar No.: Event ID:  TENTATIVE RULINGS

3016749 CASE NUMBER: CASE TITLE:  GUERRERO VS VOLLIG LLC [IMAGED]  37-2023-00007445-CU-OE-CTL hearing of this Motion.

Defendant's objections to nos. 27 - 35 are OVERRULED with the exception of Defendant's objections based on financial right to privacy and the premature disclosure under Civil Code Section 3294 which are SUSTAINED; however, these objections are SUSTAINED without prejudice to Plaintiff's right to re-seek this information depending upon the financial defenses Defendant asserts to Plaintiff's claims.

Plaintiff's request for sanctions is DENIED. Defendant's objections were not interposed without substantial justification.

Defendant'[s counter request for sanctions is DENIED. Plaintiff did not act without substantial justification.

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3016749