Judge: Matthew C. Braner, Case: 37-2023-00000200-CU-NP-CTL, Date: 2024-05-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 02, 2024

05/03/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Non-PI/PD/WD tort - Other Motion Hearing (Civil) 37-2023-00000200-CU-NP-CTL RAYMUNDO MORALES BY AND THROUGH HIS SUCCESSOR IN INTEREST LEONORA MORALES VS ELDORADO CARE CENTER LP [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiffs Raymundo Morales (by and through successor-in-interest Leonora Morales), Leonora Morales, Julie Morales, and Jeffrey Morales's motions to compel further responses to special interrogatories, set one, and requests for production, set one, are GRANTED.

Defendant Pepperbush Holdings, LLC did not file an opposition to Plaintiffs' motions. Pursuant to this court's local rules, this failure to respond will be regarded as a concession that Plaintiffs' motions have merit. (See San Diego Superior Court Local Rule 2.1.19, subd. (B).) In their moving papers, Plaintiffs sought further responses from Defendant as to every special interrogatory and every request for production, because Defendant initially responded with only objections and did not produce any documents, and did not supplement the responses despite repeated meet and confer efforts by Plaintiffs. After Plaintiffs filed their motions, counsel learned Defendant had sent unverified supplemental responses approximately one hour before the motions were filed on February 21, 2024, and sent verifications on March 4, 2024.

As a result of the supplemental responses, Plaintiffs now seek to compel further responses to special interrogatories nos. 6, 8-9, 12-17, 19-22, 26, and 28-29, and to requests for production nos. 17, 26, 28-29, 34, 37, 48, and 54-55. These discovery requests appear to seek relevant information and documents, and Defendant has failed to justify or otherwise support its objections to these requests.

Consequently, the motions are granted as to these requests.

Under the circumstances present here, sanctions are appropriate. Plaintiffs request a sanction of $1,860 as to the requests for production, and $2,460 as to the special interrogatories. Plaintiff's counsel requests a rate of $600/hour, 3 hours of work time for the requests for production and 4 hours of work time for the special interrogatories, and two $60 filing fees. The court agrees the hours expended are reasonable; however, the proposed rate is not. For an attorney with Plaintiff's counsel's experience (17 years), in the context of discovery motions, a rate of $450/hour is reasonable. Consequently, the court will impose sanctions of $1,860 for the motion to compel further responses to special interrogatories, and $1,410 for the motion to compel further responses to requests for production, for a total sanction of $3,210.

Defendant Pepperbush Holdings, LLC dba San Diego Post-Acute Center is compelled to provide verified supplemental responses to special interrogatories nos. 6, 8-9, 12-17, 19-22, 26, and 28-29, and to requests for production nos. 17, 26, 28-29, 34, 37, 48, and 54-55 and to pay monetary sanctions to Plaintiff in the amount of $3,210.00, no later than May 24, 2024.

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3092754  10 CASE NUMBER: CASE TITLE:  RAYMUNDO MORALES BY AND THROUGH HIS SUCCESSOR IN  37-2023-00000200-CU-NP-CTL The minute order is the order of the court.

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3092754  10