Judge: Michael T. Smyth, Case: 37-2022-00021669-CU-CO-CTL, Date: 2024-05-31 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-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael T. Smyth

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Civil - Unlimited  Contract - Other Discovery Hearing 37-2022-00021669-CU-CO-CTL KU VS DRG ASSOCIATES LTD [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 12/12/2023

Plaintiff Jeani Ku's unopposed Motion to Compel Discovery Responses and Motion for an Order Establishing Admissions are GRANTED. Sanctions are granted in the reduced amount of $2,310 for both motions. As an initial matter, the court notes that the Motion for an Order Establishing Admissions was not calendared. Because it was served and Defendants DRG Associates, LTD, Visual Marketing Associates, Inc., and Dale Godfrey had the opportunity to respond, the court has considered it. In the future, every motion must be separately calendared unless leave of court is granted.

On June 14, 2023, Plaintiff served on Defendants written discovery, including form interrogatories and requests for production of documents. An initial extension was granted to August 1, 2023. On October 17, 2023, Plaintiff propounded on Defendants a second set of form interrogatories and requests for admission. Responses to the second set of discovery was due on November 20, 2023. Plaintiff has not received any responses to any of its discovery requests. Defendants have not opposed the motions and therefore conceded their merits. The motions are granted.

Defendants are to respond to discovery within 15 days. The admissions are deemed admitted. If Defendants reappear in this litigation, they may file a motion to withdraw the deemed admissions.

(Wilcox v. Birtwhistle (1999) 21 Cal.4th 973, 977-983; New Albertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1420-1421 [explaining the policy of such motions and the strong policy favoring trial and disposition on the merits]; see also Code Civ. Proc., § 2033.300(b).) Calendar No.: Event ID:  TENTATIVE RULINGS

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