Judge: Marcella O. Mclaughlin, Case: 37-2022-00016079-CU-PO-CTL, Date: 2024-05-31 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 30, 2024

05/31/2024  09:00:00 AM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  PI/PD/WD - Other Discovery Hearing 37-2022-00016079-CU-PO-CTL CASTRO VS EL CAJON ROOFING INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 02/26/2024

A. Plaintiffs' motions to compel responses to special interrogatories, form interrogatories, requests for production of documents, and for deemed admissions are DENIED as moot. Verified responses have been provided. (Clark Decl., ¶ 5, Ex. 1.) Any challenge to the sufficiency of the responses must be resolved by future motion.

B. Plaintiffs' request for monetary sanctions is granted in the reduced total amount of $1,515 (3 hours at $425 per hour plus $240 in filing fees). Code Civ. Proc. §§ 2030.290(c), 2031.300(c), 2033.280(c).

'The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though...the requested discovery was provided to the moving party after the motion was filed.' CRC 3.1348(a). While the court is mindful that plaintiff is self-represented, his status as a party appearing in propria persona does not provide a basis for preferential consideration. Elena S. v. Kroutik (2016) 247 Cal.App.4th 570, 574. '[T]here are no special exemptions from the California Rules of Court or California Code of Civil Procedure for litigants in propria persona.' People v. Neilson (2007) 154 Cal.App.4th 1529, 1534. The sanctions must be paid by defendant Matthew Scott Clark to plaintiffs Daleyza Lobo and Liam Rey Lobo, via their guardian ad litem Carla Castro, by July 26, 2024.

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