Judge: Kenneth J. Medel, Case: 37-2022-00050904-CU-PO-CTL, Date: 2024-05-14 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 13, 2024

05/14/2024  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2022-00050904-CU-PO-CTL BICKEL VS SCRIPPS HEALTH [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 11/28/2023

Defendant Pepperbush Holdings, LLC's ('Pepperbush') unopposed motions to compel plaintiff Edward Bickel's responses to Form Interrogatories Special Interrogatories, Request for Production of Documents, set one, is GRANTED. The Court further grants Pepperbush's request for sanctions related to these motions in the reduced amount of $855.

Pepperbush's unopposed motion to deem its Request for Admissions, set one, admitted is GRANTED.

The Court further grants Pepperbush's request for sanctions related to this motion in the amount of $285.

The Court deems Plaintiff's lack of opposition to the motions to be a concession as to the merits. (See Cal. Rules of Court, rule 8.54(c).) Pepperbush propounded discovery, set one (Form Interrogatories, Special Interrogatories, Request for Production of Documents, and Requests for Admission no later than July 15, 2023, with responses due no later than August 15, 2023. (See Schlueck Decl., ¶¶ 2-3.) Plaintiff failed to provide responses and on September 13, 2023, Pepperbush's counsel served a meet and confer letter advising of the overdue responses. (Id., ¶¶ 3-5, Ex. C.) As of the drafting of Pepperbush's motions to compel, Plaintiff has not provided responses. (Id., ¶6.) Plaintiff Edward Bickel is ordered to provide verified responses to the Form Interrogatories, Special Interrogatories and Request for Production of Documents pursuant to CCP §§ 2030.290(b) and 2031.300(b). By failing to respond to the interrogatories and inspection demand in a timely fashion, plaintiff has waived the right to assert objections pursuant to CCP §§ 2030.290(a) and 2031.300(a).

Plaintiff Edward Bickel's verified responses must be sent to Attorney Krista Schlueck at Wilson Getty LLP, 12555 High Bluff Drive, Suite 270, San Diego, California 92130, by no later than May 28, 2024.

The matters specified in the requests for admission are deemed admitted pursuant to CCP § 2033.280(c) unless plaintiff Edward Bickel submits the verified responses prior to the hearing. (Demyer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395-396 [disapproved on other grounds in Wilcox v. Birtwhistle (1999) 21 Cal.4th 973].) The requests for sanctions are granted pursuant to CCP §§ 2023.010(d), 2030.300(d), and 2033.280, in the reduced amount of $1,140 (4 hours at $225/hour in addition to the filing fee for each motion (4 x $60)). The sanctions shall be paid jointly and severally by plaintiff Edward Bickel and his counsel of record, to defendant Pepperbush Holdings, LLC's on or before June 3, 2024.

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3125651  38 CASE NUMBER: CASE TITLE:  BICKEL VS SCRIPPS HEALTH [IMAGED]  37-2022-00050904-CU-PO-CTL Calendar No.: Event ID:  TENTATIVE RULINGS

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