Judge: Mark E. Windham, Case: 21STLC06962, Date: 2022-09-21 Tentative Ruling

Case Number: 21STLC06962    Hearing Date: September 21, 2022    Dept: 26

MOTION TO COMPEL RESPONSES TO INTERROGATORIES, DEMAND FOR PRODUCTION; TO DEEM REQUESTS FOR ADMISSION ADMITTED;

AND REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2031.300, 2033.280)

TENTATIVE RULING:

Defendant Jacquelyn Medina’s (1) Motion for Order Compelling Responses to Special Interrogatories, Set One and Request for Sanctions; (2) Motion for Order Compelling Responses to Request for Production, Set One, and for Sanctions; and (3) Motion to Deem Requests for Admission, Set One, Admitted and for Sanctions are PLACED OFF CALENDAR.

BASED ON THE RELIEF SOUGHT IN THE COMPLAINT, THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.

ALL HEARING DATES IN THIS DEPARTMENT ARE VACATED AND TO BE RESCHEDULED IN THE NEW DEPARTMENT.

SERVICE:

[X] Proof of Service Timely Filed (CRC 3.1300) OK

[X] Correct Address (CCP 1013, 1013a) OK

[X] 16/21 Day Lapse (CCP 12c and 1005(b)) OK

SUMMARY OF COMPLAINT: Action for permanent injunctive relief and damages for violation of the Consumers Legal Remedies Act.

MOTION: Compel Defendant’s responses to the discovery requests and deem the Requests for Admission, Set One, admitted. Sanction Defendant in the amount of $2,435.00 per motion.

OPPOSITION: Defendant has elected to pursue this matter in arbitration, as is its right. Plaintiff continues to insist on pursuing discovery that is not available in arbitration. Defendant’s objection to the discovery requests is legitimate.

REPLY: None filed as of September 19, 2022.

ANALYSIS:

On September 23, 2021, Plaintiff Jacquelyn Medina (“Plaintiff”) filed the instant action for permanent injunctive relief and damages for violation of the Consumer Legal Remedies Act against Defendant Shift Operations, LLC (“Defendant”). (See Compl., ¶¶16-17 and Prayer for Relief.)

On July 1, 2022, Plaintiff filed the instant (1) Motion for Order Compelling Responses to Special Interrogatories, Set One and Request for Sanctions; (2) Motion for Order Compelling Responses to Request for Production, Set One, and for Sanctions; and (3) Motion to Deem Requests for Admission, Set One, Admitted and for Sanctions. Defendant filed oppositions on September 8, 2022.

As a limited jurisdiction court, this Court has no authority to issue permanent injunctive relief. (See Code Civ. Proc., §§ 85, 86.) Based on the permanent injunctive relief sought in the Complaint, this case is reclassified as an unlimited civil case and transferred to the Reclassification/Transfer Desk for collection of fees and reassignment of the case to an Independent Calendar Court. Plaintiff is ordered to pay the reclassification fee within ten (10) days.

All hearing dates in this department are vacated and to be rescheduled in the new department.

Court clerk to give notice.