Judge: Linda S. Marks, Case: 2021-01227759, Date: 2022-09-28 Tentative Ruling

1. Motion to Compel Production filed by Emilio F. Rodrigo and Benita Flores on 5/31/22
2. Motion for Sanctions filed by Emilio F Rodrigo, Benita  Flores on 6/6/22

Truxas’ Oppositions to each motion were served on Cross-Complainants’ counsel only and not on counsel for Pltf ENGS Commerical;  The Court will consider the merits of the Oppositions now, but counsel for Truxas is admonished to serve all papers filed in this action in the future on all parties, including Plft;

Compel Production

Truxas requested an extension of time up to and including May 1, 2022 to serve responses; May 1, 2022 was a Sunday – responses were due May 2, 2022;  Truxas served untimely responses on May 3, 2022;

Request #2 – all writings, bills and invoices, etc;  Truxas objects to the request on the grounds that the Court has no jurisdiction over the contract between Truxas and Cross-Complainants and further that it has no responsive documents in its possession, custody, or control; Truxas’ objections based on jurisdiction is overruled because Truxas failed to serve responses timely; Additionally, that Truxas has no responsive documents is evasive – at the very least, Truxas should have documents related to the payments it received for Emilio for the purchase of the truck; Grant;

Request #36 – writings regarding Truxas’ possession of the dump truck with standard transmission from August 2, 2020 to August 2, 2021;  Truxas’ objections have been waived based on untimely responses; Grant;

Sanctions:  Truxas’ Motion to Quash was previously denied; Grant discovery sanctions in the amount of $12,000 of atty fees and $72.60 in costs payable by Truxas to Cross-Complainants, payable within 30 days.