Judge: Joel R Wohlfeil, Case: 37-2023-00023196-CU-PO-CTL, Date: 2023-12-07 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - December 05, 2023

12/07/2023  01:30:00 PM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  PI/PD/WD - Other Discovery Hearing 37-2023-00023196-CU-PO-CTL PAUL VS VILLA RANCHO BERNARDO HEALTH CARE LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 11/06/2023

The Motion (ROA # 26) of Plaintiff Ralph Paul ('Plaintiff') for an order compelling Defendant Villa Rancho Bernardo Health Care, LLC d / b / a Villa Rancho Bernardo Care Center ('Defendant' or 'VRB') to provide further responses to Plaintiff's Special Interrogatories (Set One), is, on the Court's own motion, CONTINUED to Friday December 8, 2023 at 9:00 AM in D 73.

The Court's tentative ruling is as follows: The Motion is DENIED.

The Request (ROA # 29) of Plaintiffs RALPH PAUL, TERI PERSICO and TERI PERSICO ('Plaintiffs') for judicial notice is GRANTED.

The Court has read and considered Plaintiff's Complaint (ROA # 1) and Defendant's Answer (ROA # 10).

Defendant's objections to no. 1 are SUSTAINED. There is no relevant nexus between 'EACH resident ...' and Plaintiff's claims or Defendant's defenses. The oppressive nature of this discovery request is amplified by Plaintiff's definition of 'EACH,' 'EVERY,' EVER,' 'ANY' and 'ALL' to mean 'all inclusive and literally mean each, every, ever, any, and all.' Defendant's objections to no. 2 are SUSTAINED. There is no relevant nexus between 'the RESPONSIBLE PARTY for EVERY resident ...' and Plaintiff's claims or Defendant's defenses. The oppressive nature of this discovery request is amplified by Plaintiff's definition of 'EACH,' 'EVERY,' EVER,' 'ANY' and 'ALL' to mean 'all inclusive and literally mean each, every, ever, any, and all.' This ruling is without prejudice to Plaintiff's ability to narrow the focus of his discovery requests to correspond to the circumstances of Mr. Paul's demise. See generally par's 13 - 31 of the Complaint.

Calendar No.: Event ID:  TENTATIVE RULINGS

3034292