Judge: Joel R Wohlfeil, Case: 37-2023-00010540-CU-CO-CTL, Date: 2024-04-19 Tentative Ruling
SUPERIOR COURT OF CALIFORNIA,
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HALL OF JUSTICE
TENTATIVE RULINGS - April 17, 2024
04/18/2024 01:30:00 PM C-73 COUNTY OF SAN DIEGO
JUDICIAL OFFICER:Joel R. Wohlfeil
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Civil - Unlimited Contract - Other Discovery Hearing 37-2023-00010540-CU-CO-CTL MORONEY VS CBM MOTORS INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 03/07/2024
1. The Motion (ROA # 39, 82) of Plaintiff Steve Moroney ('Plaintiff') for an order compelling further responses from Defendant CBM Motors ('Defendant CBM') to Plaintiff's Form Interrogatories, Set One, Nos. 1.1 and 15.1, and for monetary sanctions, is, on the Court's own motion, CONTINUED to Friday April 19, 2024 at 9:00 AM in D 73.
The Motion is GRANTED IN PART and DENIED IN PART.
The Court has read and considered Plaintiff's First Amended Complaint (ROA # 14), the Answer (ROA # 17) by Defendant Hudson Insurance Company ('Hudson') and the Answer (ROA # 26) by Defendant CBM.
Defendant's objections are, except as noted, OVERRULED. The objections are SUSTAINED to no. 1.1 and only that portion ('each denial of a material allegation') in no. 15.1.
Defendant is directed to serve Code-compliant responses within twenty (20) days of the hearing of this Motion.
Plaintiff's request for sanctions is DENIED. Defendant has not acted without substantial justification.
Defendant's counter request for sanctions is DENIED. Plaintiff has not acted without substantial justification.
______ 2. The Motion (ROA # 45, 83) of Plaintiff Steve Moroney ('Plaintiff') for an order compelling further responses from Defendant CBM Motors ('Defendant') to Plaintiff's Form Interrogatories, Set Three, No.
17.1, and for monetary sanctions, is, on the Court's own motion, CONTINUED to Friday April 19, 2024 at 9:00 AM in D 73.
The Motion is DENIED.
The Court has read and considered Plaintiff's First Amended Complaint (ROA # 14), the Answer (ROA # 17) by Defendant Hudson Insurance Company ('Hudson') and the Answer (ROA # 26) by Defendant Calendar No.: Event ID: TENTATIVE RULINGS
3096959 CASE NUMBER: CASE TITLE: MORONEY VS CBM MOTORS INC [IMAGED] 37-2023-00010540-CU-CO-CTL CBM.
Defendant's responses are adequate and not evasive.
Plaintiff's request for sanctions is DENIED. Defendant has not acted without substantial justification.
Defendant's counter request for sanctions is GRANTED. Plaintiff's Motion was filed without substantial justification. Attorney Lopez's $500 hourly rate is reasonable. The description of the services is difficult to allocate to this Motion; however, the Court finds that the services, as limited, were reasonable and necessary. Plaintiff is directed to pay total sanctions in the amount of $500.
______ 3. The Motion (ROA # 52, 81) of Plaintiff Steve Moroney ('Plaintiff') for an order compelling further responses from Defendant CBM Motors ('Defendant') to Plaintiff's Request for Admissions Set One, No.
9, 10, 11, 12, 13, 14, 17 and 20, and for monetary sanctions, is, on the Court's own motion, CONTINUED to Friday April 19, 2024 at 9:00 AM in D 73.
The Motion is GRANTED IN PART and DENIED IN PART.
The Court has read and considered Plaintiff's First Amended Complaint (ROA # 14), the Answer (ROA # 17) by Defendant Hudson Insurance Company ('Hudson') and the Answer (ROA # 26) by Defendant CBM.
Defendant's responses are not adequate. Defendant is directed to serve Code-compliant responses within twenty (20) days of the hearing of this Motion.
Plaintiff's request for sanctions is GRANTED. Defendant's failure to serve Code-compliant responses was without substantial justification. Attorney Means' hourly rate is reasonable. The services, as limited, are reasonable and necessary. Defendant only is directed to pay total sanctions, including the filing fee, of $1,215.
Defendant's counter request for sanctions is DENIED. Plaintiff has not acted without substantial justification.
_____ 4. The Motion (ROA # 59, 79) of Plaintiff Steve Moroney ('Plaintiff') for an order compelling further responses from Defendant CBM Motors ('Defendant') to Plaintiff's Request for Production of Documents, Set 1, Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 24, 28, 29, 30 and 31, and for monetary sanctions, is, on the Court's own motion, CONTINUED to Friday April 19, 2024 at 9:00 AM in D 73.
The Motion is GRANTED IN PART and DENIED IN PART.
The Court has read and considered Plaintiff's First Amended Complaint (ROA # 14), the Answer (ROA # 17) by Defendant Hudson Insurance Company ('Hudson') and the Answer (ROA # 26) by Defendant CBM.
Defendant's responses to nos. 1 - 17, 20 - 22 and 24 are adequate; however, Defendant's failure to produce the documents, as represented, was not reasonable.
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3096959 CASE NUMBER: CASE TITLE: MORONEY VS CBM MOTORS INC [IMAGED] 37-2023-00010540-CU-CO-CTL Defendant's objections to nos. 28 - 31 are SUSTAINED.
Defendant is directed to produce the documents within twenty (20) days of the hearing of this Motion.
Plaintiff's request for sanctions is DENIED. Defendant has not acted without substantial justification.
Defendant's counter request for sanctions is DENIED. Plaintiff has not acted without substantial justification.
_____ 5. The Motion (ROA # 65, 80) of Plaintiff Steve Moroney ('Plaintiff') for an order compelling further responses from Defendant CBM Motors ('Defendant') to Plaintiff's Special Interrogatories, Set One, No.
1, 2, 3, 7, 9, 10, 12, 13, 15, 16 and 17, and for monetary sanctions, is, on the Court's own motion, CONTINUED to Friday April 19, 2024 at 9:00 AM in D 73.
The Motion is DENIED.
The Court has read and considered Plaintiff's First Amended Complaint (ROA # 14), the Answer (ROA # 17) by Defendant Hudson Insurance Company ('Hudson') and the Answer (ROA # 26) by Defendant CBM.
Defendant's objections are SUSTAINED and its responses are adequate.
Plaintiff's request for sanctions is DENIED. Defendant has not acted without substantial justification.
Defendant's counter request for sanctions is DENIED. Plaintiff has not acted without substantial justification.
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