Judge: Kenneth J. Medel, Case: 37-2021-00027667-CU-PA-CTL, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 26, 2023

10/27/2023  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  PI/PD/WD - Auto Motion Hearing (Civil) 37-2021-00027667-CU-PA-CTL LOUIS VS KOZAR JR [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Sanctions, 09/18/2023

Plaintiff, Nibras Louis's Motion for Sanctions is DENIED.

Plaintiff moves for sanctions under CCP 128.7 based upon the failure of defendant Edward Vincent Kozar, Jr. to comply with a Court order to serve fully and complete verified answers following the Court's order in May, 2023.

While this Court ordered defendant to comply after hearing on May 5, 2023, plaintiff's remedy is to move for sanctions under the Discovery Act and not CCP 128.7. The Notice of Motion is limited to CCP 128.7 which is inapplicable.

The Motion requests sanctions 'in favor of Plaintiff in the sum of whatever the court finds as adequate pursuant to Code of Civil Procedure, Sections 128.7 et seq.' The specific amount of discovery sanctions need to be specified in the Notice of Motion and also supported in a declaration provided by counsel.

Finally, there has been no Proof of Service indicating that this motion has been filed. While this motion was set at an ex parte hearing, no proof of service has been filed showing notice of this hearing.

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