Judge: Joel R Wohlfeil, Case: 37-2023-00008344-CU-PO-CTL, Date: 2024-05-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 13, 2024

05/17/2024  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 Discovery Hearing 37-2023-00008344-CU-PO-CTL MASON VS MF PANDA NR (CA) LP [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 04/09/2024

The unopposed Motion (ROA # 67) of Defendant MF PANDA NR (CA) LP ('Defendant') for an order compelling Plaintiff CHERRIE HARRIS ('Plaintiff') to respond to Defendant's Form Interrogatories (Set One), Special Interrogatories (Set One) and Requests for Production of Documents, (Set One), and for monetary sanctions against Plaintiff or, alternatively, for the imposition of terminating sanctions against Plaintiff, is GRANTED IN PART and DENIED IN PART.

The Motion to order, once again, Plaintiff to serve discovery responses is DENIED. The Court declines to issue a duplicative order. See ROA # 64, 65.

Plaintiff's failure to serve discovery responses despite the Court's order, appears to constitute 'willful disobedience' and an indication that she's chosen to withdraw from this lawsuit. Accordingly, the Motion for terminating sanctions is GRANTED unless Plaintiff appears at the hearing and represents that she wishes to continue participating in this lawsuit and will comply with the Court's order.

Plaintiff's failure to comply with the Court's order - which necessitated this Motion - was without substantial justification. Attorney Warren's hourly rate is reasonable; however, the description of the services was insufficiently specific for the Court to find that the services were reasonable and necessary.

The Court awards nominal sanctions equal to the amount of one hour of Attorney services plus the filing fee, in the amount of $345.

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