Judge: Marcella O. Mclaughlin, Case: 37-2023-00027326-CL-PL-CTL, Date: 2024-03-21 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 20, 2024

03/21/2024  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Limited  Product Liability Discovery Hearing 37-2023-00027326-CL-PL-CTL ROSNER VS FCA US LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 11/22/2023

A. Plaintiffs' unopposed motions to compel initial responses to requests for production of documents, special interrogatories, and form interrogatories are GRANTED.

As an initial matter, the court notes that the moving papers for the latter two motions cite provisions of the Discovery Act that govern requests for production of documents – not interrogatories. See Code Civ.

Proc. §§ 2031.300, 2031.310. Going forward, plaintiffs are directed to cite the correct statutory authority in documents submitted to the court.

Turning to the merits, on July 26, 2023, plaintiffs served requests for production of documents, special interrogatories, and form interrogatories on FCA. (Kreymer Decl., ¶ 3.) No responses have been received to date. (Id. at ¶ 7.) Accordingly, defendant FCA must serve verified responses without objections and produce the requested documents by April 5, 2024.

B. Plaintiffs' unopposed motion to compel responses to requests for admission is DENIED without prejudice. The remedy for the failure to serve responses to requests for admission is a motion to deem matters admitted. Code Civ. Proc. § 2033.280(b).

C. Judicial notice is taken as requested. Evid. Code § 452(d).

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