Judge: Matthew C. Braner, Case: 37-2023-00007775-CL-PA-CTL, Date: 2024-04-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 11, 2024

04/12/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Limited  PI/PD/WD - Auto Discovery Hearing 37-2023-00007775-CL-PA-CTL CABLAYAN VS BAER [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Kimberly Baer's motions to compel responses to form interrogatories and requests for production are GRANTED.

Plaintiff Julissa Cablayan did not file oppositions to Defendant's motions. Pursuant to this court's local rules, the court will exercise its discretion to deem such failure to respond as a concession the motions have 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 and requests for production on August 21, 2023, but Plaintiff did not serve timely responses, still has not served responses, and completely ignored multiple efforts to meet and confer regarding the failure to respond.

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) 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 rate of $146.66/hour for attorney MacKinnon is reasonable, but the hours expended (3 for each motion) are not.

The motions were largely duplicative, and they were simple, straightforward and unopposed. The court will therefore award sanctions based on two hours of work time for each motion, for a total sanction of $586.64, which will be joint and several against both Defendant and her counsel of record.

Defendant's motions are granted, and Plaintiff is compelled to provide verified responses to Defendant's form interrogatories (set one) and requests for production (set one), and to pay monetary sanctions to Defendant in the amount of $586.64, no later than May 3, 2024.

The minute order is the order of the court.

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