Judge: Jon R. Takasugi, Case: 21STCV12443, Date: 2022-10-25 Tentative Ruling

Case Number: 21STCV12443    Hearing Date: October 25, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Gallagher’s motions to compel further responses are MOOT. However, the Court is inclined to award sanctions of $2,625 at this time as it took the filing of this motion to obtain cooperation.

            On 4/1/2021, Plaintiffs Caruso Affiliated Holdings, LLC, Caruso Management Company, Ltd., Americana Housing L.P., Americana Homes, LLC, Americana Homes II, LLC, and the Americana at Brand, LLC, filed suit against Allied World Assurance Company (U.S.) Inc., Endurance American Specialty Insurance Company, Endurance Assurance Corporation, Arthur J. Gallagher & Co. Insurance Brokers of California (Gallagher), alleging: (1) declaratory relief; (2) reformation; (3) negligence; (4) negligent misrepresentation; and (5) breach of fiduciary duty.

            Now, Defendant Arthur J. Gallagher & Co. Insurance Brokers of California (Gallagher) moves to compel further responses from Plaintiffs Americana Housing, L.P., Americana Homes, LLC, Americana Homes II, LLC, and The Americana at Brand, LLC (collectively, Americana) to the third set of Requests for Admission and its Form Interrogatory No. 17.1.

Discussion 

            Defendants seek supplemental responses to their third set of Requests for Admission and their associated Form Interrogatory No. 17.1.

            In opposition, Americana clarified that it has confirmed in writing to Gallagher that it will provide verified, supplemental responses to each and every one of the requests for admission that are the subject of this motion, as well as to provide a verified, supplemental response to form interrogatory no. 17.1.

            Accordingly, these motions are moot. However, the Court is inclined to award sanctions of $2,625 because it took a request for an IDC and the filing of this motion to obtain compliance.

            Based on the foregoing, Gallagher’s motion to compel further responses are moot.

It is so ordered.

Dated:  October    , 2022

   Hon. Jon R. Takasugi
   Judge of the Superior Court

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