Judge: Marcella O. Mclaughlin, Case: 37-2023-00013003-CU-BC-CTL, Date: 2023-11-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 16, 2023

11/17/2023  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2023-00013003-CU-BC-CTL YERINGTON VS FCA US LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 07/28/2023

The motion to compel discovery responses is DENIED as moot.

A. As an initial matter, the court notes that the moving papers cite provisions of the Discovery Act that were repealed almost twenty years ago. See Toyota Motor Corp. v. Superior Court (2011) 197 Cal.App.4th 1107, 1121 fn. 14. Going forward, plaintiffs' counsel is directed to cite the current versions of the applicable statutes.

B. Turning to the merits, the evidence before the court shows that FCA served verified responses to form interrogatories, special interrogatories, requests for production of documents, and requests for admission on August 28, 2023. (Dao Decl., ¶ 6; Ex. B.) Thus, the motion to compel is moot.

C. It is 'mandatory' that the court impose a monetary sanction on the party or attorney whose failure to serve a timely response to a request for admission necessitates a motion for deemed admissions. Code Civ. Proc. § 2033.280(c). However, 'a trial court has discretion to reduce the amount of fees and costs requested as a discovery sanction in order to reach a reasonable award.' Realty Advisors, LLC v. Summit Healthcare Reit, Inc. (2020) 56 Cal.App.5th 771, 791. Accordingly, plaintiffs' request for monetary sanctions is granted in the reduced amount of $655 (1 hour at $595 per hour plus the $60 filing fee). The sanctions must be paid by defendant FCA USA LLC to plaintiffs Gregg and Liliana Yerington by December 15, 2023.

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