Judge: Mark E. Windham, Case: 22STLC05904, Date: 2023-02-22 Tentative Ruling

Case Number: 22STLC05904    Hearing Date: February 22, 2023    Dept: 26

Martinez v. Pevik Construction Group, et al.
MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS; DEEM REQUESTS FOR ADMISSION ADMITTED; MONETARY SANCTIONS

 (CCP §§ 2030.290, 2031.300, 2033.280)

TENTATIVE RULING:  

Plaintiff Otoniel Martinez’s Motion to Compel Responses to Initial Set for Discovery and Deem Admissions Admitted, and Request for Sanctions is PLACED OFF CALENDAR. THE 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.

ANALYSIS:

On September 9, 2022, Plaintiff Otoniel Martinez (“Plaintiff”) filed the instant action against Defendant Pevik Construction Group, Inc. (“Defendant”). The Complaint seeks injunctive relief with respect to Defendant’s production of Plaintiff’s employment records and wage statements. (Compl., ¶¶27, 26, Prayer for Relief.)

Plaintiff filed the instant Motion to Compel Responses to Initial Set for Discovery and Deem Admissions Admitted, and Request for Sanctions on January 24, 2023. The Court notes that the Motion is not accompanied by a proof of service. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.)

Also, the Limited Jurisdiction Court lacks jurisdiction to issue the injunctive relief sought in the Complaint (Code Civ. Proc., §§ 85, 86.) Therefore, the hearing on the Motion to Compel Responses to Discovery and Deem Admissions Admitted, and Request for Sanctions is placed off calendar. The 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.

Court clerk to give notice.