Judge: Marcella O. Mclaughlin, Case: 37-2023-00024261-CU-OE-CTL, Date: 2024-03-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - March 28, 2024

03/29/2024  09:00:00 AM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Other employment Discovery Hearing 37-2023-00024261-CU-OE-CTL ALVAREZ VS MEXICAN STREET FOOD LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 12/11/2023

A. The motions to compel responses to special interrogatories and requests for production of documents are GRANTED.

On October 5, 2023, plaintiff served requests for production of documents and special interrogatories on defendant. (Lo Decl., ¶ 3.) No responses have been received to date. (See id. at ¶ 8; see also Lo Reply Decl., ¶ 4.) Accordingly, defendant must serve verified responses without objections and produce the requested documents by April 12, 2024. Code Civ. Proc. §§ 2030.290(a), 2031.300(a).

B. Defendant's request that it be relieved from the waiver of its objections is denied without prejudice.

A party that fails to serve a timely response to a discovery request waives 'any objection' to the request, 'including one based on privilege or on the protection for work product. However, the court may relieve a party from this waiver if (1) the party has 'subsequently served a response' and (2) shows that the failure to serve a timely response was the result of 'mistake, inadvertence, or excusable neglect.' Code Civ. Proc. §§ 2030.290(a), 2031.300(a).

Here, defendant has not 'subsequently served a response' to the special interrogatories or the requests for production of documents. Thus, the court is unable at this time to relieve defendant from the waiver of its objections.

C. Plaintiff's request for monetary sanctions is granted in the reduced total amount of $156.56 (filing fees for both motions). See Code Civ. Proc. §§ 2030.290(c), 2031.300(c); see also Realty Advisors, LLC v. Summit Healthcare Reit, Inc. (2020) 56 Cal.App.5th 771, 791 ('[A] trial court has discretion to reduce the amount of fees and costs...in order to reach a reasonable award.'). The sanctions must be paid by defendant Mexican Street Food LLC to plaintiff Zulma Yanira Alvarez by April 26, 2024.

Calendar No.: Event ID:  TENTATIVE RULINGS

3070493  8