Judge: Matthew C. Braner, Case: 37-2022-00040335-CU-PO-CTL, Date: 2023-08-11 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 10, 2023

08/11/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  PI/PD/WD - Other Discovery Hearing 37-2022-00040335-CU-PO-CTL HEBERT VS PAPA JOHNS PIZZA [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Papa John's International, Inc.'s motion to compel responses to form interrogatories, special interrogatories, and requests for production of documents is GRANTED.

As of August 10, 2023, Plaintiff has not filed an opposition to Defendant's motion. Pursuant to this court's local rules, this failure to respond may be regarded as a concession that Defendant's motion has merit.

(See San Diego Superior Court Local Rule 2.1.19, subd. (B).) However, it cannot be deemed an admission that sanctions should be awarded. (CRC 3.1348, subd. (b).) Defendant's counsel attests that Plaintiff was properly served sets of form interrogatories, special interrogatories, and requests for production on November 17, 2022, but Plaintiff did not serve timely responses, still has not served responses, and completely ignored multiple efforts to resolve the issue informally. In the absence of timely responses to interrogatories and requests for production, objections are waived, including objections based on privilege. (Code Civ. Proc., §§ 2030.290, 2031.300.) Plaintiff has not provided any reason for refusing to respond to Defendant's discovery requests. Therefore, Plaintiff will be compelled to respond to Defendant's form interrogatories (set one), special interrogatories (set one), and requests for production (set one), and any objections raised by Plaintiff are considered waived.

Under the circumstances present here, sanctions are appropriate. Defendant's proposed hourly rates of $225/hour for attorney Seltzer and $215/hour for attorney Gunby are reasonable, but the hours expended (7.6) to draft the moving papers are not. The motion was simple, straightforward and unopposed. The court will therefore award sanctions based on two hours of work time for attorney Gunby ($430) and one hour for attorney Seltzer ($225), for a total sanction of $655.

Plaintiff is compelled to provide verified responses to Defendant's form interrogatories (set one), special interrogatories (set one), and requests for production (set one), and to pay monetary sanctions to Defendant in the amount of $655.00, no later than August 25, 2023.

The minute order is the order of the court.

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