Judge: Michael Small, Case: 23STCV19119, Date: 2024-10-31 Tentative Ruling

Inform the clerk if you submit on the tentative ruling. If moving and opposing parties submit, no appearance is necessary.

Case Number: 23STCV19119    Hearing Date: October 31, 2024    Dept: 57

The demurrer of Plaintiffs Frank  R. Delli Santi and Tori R. Delli Santit to the answer of Defendant ADCO South Roofing and Waterproofing, Inc. is overruled. In the Court's view, the demurrer's challenges to the sufficiency and certainty of the affirmative defenses in the answer are misplaced.

The motion of Defendant Zuma Bay Villas Association to compel Plaintiff Seawatch, LLC to produce documents is denied.  The documents in question have been produced.  There is nothing at this point for the Court to order be produced.   That aspect of the motion is now moot.  The motion's request for an order imposing sanctions against Plaintiff and its counsel is not moot.  However, based on the record before the Court as to what happened in the lead up to the filing of the motion, the Court has concluded that there is an insufficient evidentiary predicate on which to rest a sanctions award against Plaintiff and its counsel (or against Defendant and its counsel for that matter, which Plaintiff in its opposition to the motion asked the Court to impose).