Judge: Loren G. Freestone, Case: 37-2023-00035638-CU-PT-CTL, Date: 2024-02-23 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 22, 2024

02/23/2024  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Petitions - Other Discovery Hearing 37-2023-00035638-CU-PT-CTL INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB VS CAPETILLO CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Petitioner Interinsurance Exchange of the Automobile Club (AAA)'s motions to compel Respondent Alma Capetillo's initial responses to (1) form interrogatories (set one), (2) special interrogatories (set one), and (3) requests for production (set one) are GRANTED.

AAA's motion to deem facts admitted is GRANTED.

Capetillo has not communicated with her attorneys since February 2023. However, that is not a basis for denying the motions. As one court explained: '[A party] cannot disappear in the midst of a pending case and avoid the consequences of such a tactic.

. . . The trial court could not be expected to wait until, and if, [the non-responding party] chose to communicate with their own counsel.' (Steven M. Garber & Associates v. Eskandarian (2007) 150 Cal.App.4th 813, 821–822; accord Cornwall v. Santa Monica Dairy Co. (1977) 66 Cal.App.3d 250, 252–253.) Capetillo may have been having health issues in February 2023 (there is only hearsay evidence on this point), but absent additional evidence, there is no basis for failing to respond to discovery for over a year.

The motions to compel are therefore granted. Capetillo shall serve verified, code-compliant, and objection-free responses to both sets of interrogatories and the requests for production within 10 days.

The motion to deem facts admitted is also granted. The truth of the matters specified in the request for admissions (set one) is deemed admitted.

AAA is awarded monetary sanctions against Capetillo in the amount of $960 (4 hours at $180/hr, plus four $60 filing fees).

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