Judge: Marcella O. Mclaughlin, Case: 37-2022-00012050-CU-FR-CTL, Date: 2024-06-07 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 06, 2024

06/07/2024  09:00:00 AM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Fraud Discovery Hearing 37-2022-00012050-CU-FR-CTL ALBERT AND BLAKE MERCHANDISE LLC VS CREDITANTIDOTE LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 02/20/2024

A. Plaintiff's unopposed motion to compel discovery responses is GRANTED, subject to plaintiff's counsel providing proof on or before the hearing that defendants were served with the motion. The proof of service attached to the moving papers (ROA 86 at p. 72) references an unrelated document.

On January 2, 2024, plaintiff served form interrogatories, special interrogatories, requests for production of documents, and requests for admission on defendant CreditAntidote. (Rosenberger Decl., ¶¶ 4, 6-10.) No responses have been received to date. (Id. at ¶ 4.) Accordingly, CreditAntidote must serve verified responses without objections and produced the requested documents by June 21, 2024. Code Civ. Proc. §§ 2030.290(a), 2031.300(a). In addition, the truth of any matters specified in the requests for admission are deemed admitted. Code Civ. Proc. § 2033.280(b).

B. Plaintiff's request for monetary sanctions is granted in the reduced amount of $1,207.95 (2 hours at $569 per hour plus $69.95 in costs). Code Civ. Proc. §§ 2030.290(c), 2031.300(c), 2033.280(c). The sanctions must be paid by defendant CreditAntidote to plaintiff Albert and Blake Merchandise by July 12, 2024.

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