Judge: Jon R. Takasugi, Case: 21STCV43432, Date: 2022-11-08 Tentative Ruling

Case Number: 21STCV43432    Hearing Date: November 8, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Plaintiff’s motions to compel responses from Defendants to initial discovery and to have its RFAs deemed admitted are GRANTED.

            On 11/24/2021, Plaintiff Selig Parking, Inc. Dba AAA Parking filed suit against Carlos Alcala, Victor Valencia, Drive Hospitality LLC, alleging: (1) breach of contract; (2) breach of duty of loyalty; (3) breach of fiduciary duty; (4) breach of duty of confidentiality; (5) violation of California Penal Code section 502; (6) misappropriation of trade secrets; (7) violation of California Business and Professions Code section 17200; and (8) violation of the computer fraud and abuse act.

            Now, Plaintiff moves to compel initial responses from Defendants to its initial discovery. Plaintiff also moves to have its RFAs deemed admitted against Defendants.

            The motions are unopposed.

Discussion

I.                   Carlos Alcala

On 6/9/2022, Plaintiff served Alcala with Form Interrogatories-Employment (Set One), Form Interrogatories-General (Set One), Special Interrogatories (Set One), Requests for Production (Set One), and Requests for Admission. To date, no responses have been received.

Based on the foregoing, Plaintiff’s motions to compel responses are granted. Plaintiff’s RFAs are deemed admitted.

            Alcala and counsel are sanctioned, jointly and severally, $1,400.00 ($350 reasonable hourly rate x 1 hr reasonably incurred x 5 motions).

II.               Victor Valencia

On 6/9/2022, Plaintiff served Valencia with Form Interrogatories-Employment (Set One), Form Interrogatories-General (Set One), Special Interrogatories (Set One), and Requests for Admission. To date, no responses have been received.

Based on the foregoing, Plaintiff’s motions to compel responses are granted. Plaintiff’s RFAs are deemed admitted.

            Valencia and counsel are sanctioned, jointly and severally, $1,40.00 ($350 reasonable hourly rate x 1 hr reasonably incurred x 4 motions).

III.            Drive Hospitality, LLC

On 6/9/2022, Plaintiff served Drive Hospitality with Form Interrogatories-Employment (Set One), Form Interrogatories-General (Set One), Special Interrogatories (Set One), and Requests for Admission. To date, no responses have been received.

Based on the foregoing, Plaintiff’s motions to compel responses are granted. Plaintiff’s RFAs are deemed admitted.

            Drive Hospitality, LLC and counsel are sanctioned, jointly and severally, $1,40.00 ($350 reasonable hourly rate x 1 hr reasonably incurred x 4 motions).

It is so ordered.

Dated:  November    , 2022

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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