Judge: Loren G. Freestone, Case: 37-2021-00053762-CU-PO-CTL, Date: 2024-01-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 18, 2024

01/19/2024  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  PI/PD/WD - Other Discovery Hearing 37-2021-00053762-CU-PO-CTL SIRAGUSA VS MISSION HEALTHCARE HOLDINGS INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Plaintiff Ramon Siragusa's motion to compel Defendant Mission Home Health of San Diego LLC to provide initial responses to requests for production of documents (set one) is DENIED, but his request for sanctions is GRANTED as set forth below.

Mission Home served initial responses after this motion was filed. The sufficiency of those responses is the subject of a different motion to compel that is set to be heard on March 22, 2024. (ROA #76.) As initial responses have been served, this motion is denied. (See Sinaiko Healthcare Consulting Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409.) However, monetary sanctions are mandatory unless Mission Home acted with substantial justification or sanctions would be unjust. (Code Civ. Proc., § 2031.310, subd. (h).) That is the rule notwithstanding Mission Home's belated responses and lack of opposition to this motion. (Cal. Rules of Court, rule 3.1348(a); see also Sinaiko, supra, 148 Cal.App.4th at p. 409.) Here, there is no reasonable explanation as to why Mission Home failed to serve initial responses before forcing Siragusa to prepare this motion. Notably, Siragusa granted a series of extensions and sent a series of follow-up emails before seeking court intervention. Under the circumstances, the court is unable to find that Mission Home acted with substantial justification or that sanctions would be unjust.

However, as this was a simple and unopposed motion, the requested sanctions are excessive.

The motion to compel is therefore denied, but Siragusa is awarded a total of $960 (3 hours at $300/hr, plus a $60 filing fee) against Mission Home.

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