Judge: Michael T. Smyth, Case: 37-2022-00015144-CU-BC-CTL, Date: 2024-06-28 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - June 27, 2024

06/28/2024  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael T. Smyth

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2022-00015144-CU-BC-CTL SOUTHWEST ASSETS MANAGEMENT CORP VS BEST TIME LOGISTICS INC CAUSAL DOCUMENT/DATE FILED:

Plaintiff Southwest Assets Management Corp. dba Southwest Trailer Rentals Motions to Compel Further Responses to Form Interrogatories, Special Interrogatories, and Requests for Production are GRANTED. Sanctions are imposed against Defendant Best Time Logistics, Inc. in the reduced amount of $2,000. As an initial matter, Defendant filed its consolidated opposition several days late. The court has exercised its discretion to consider the opposition.

In reviewing the separate statements, the court finds that Defendant's responses are inadequate and not compliant with the Code of Civil Procedure. Defendant's only argument in opposition is that undescribed 'obstacles' have prevented it from providing what appears to be routine information about the case. For example, with respect to the RFPs, Defendant claims that 'Defendant cannot state with certainty whether such documents exist or not prior to Defendant completing its inquiry into the existence of each class of documents.' (ROA 82, p. 5:1-3.) It has been more than half a year since the motions were filed and even longer since discovery was initially served. This does not appear to be a complex case and any inquiry should have been completed long ago. Defendant must provide further responses.

With respect to Form Interrogatory No. 17.1, Plaintiff is correct that Defendant is required to identify documents regardless of whether they are in their control. Defendant must provide further responses to Special Interrogatory Nos. 1-13. In the event Defendant is unable to provide such basic information in response, they may so state, but will be limited in producing evidence in further proceedings. Finally, Defendant must provide further responses to RFP Nos. 13-23 either with the requested documents or a response that is compliant with Code of Civil Procedure section 2031.230.

All responses are due within 20 days.

Calendar No.: Event ID:  TENTATIVE RULINGS

3091804