Judge: Michael T. Smyth, Case: 37-2022-00025965-CU-OR-CTL, Date: 2024-03-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 14, 2024

03/15/2024  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael T. Smyth

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Civil - Unlimited  Other Real Property Discovery Hearing 37-2022-00025965-CU-OR-CTL HOBBS VS PURDY [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 10/16/2023

Defendant Sequoia West Residential, LLC's Motion to Compel Further Responses to Requests for Production (ROA 65) and Motion to Compel Further Responses to Special Interrogatories (ROA 62) are GRANTED. Plaintiff is to serve further responses within 20 days. Sanctions are imposed against Plaintiff in the reduced amount of $5,000.

With respect to RFP Nos. 36, 44, 47, 49, and 50, Plaintiff is ordered to produce all documents related to Plaintiff's improvement of and sale of the property as well as documents related to her Trust or other ventures. To the degree that Plaintiff has withdrawn claims related to lost income, those documents are not required and the court strikes the reference in Paragraph 74 of the FAC to 'lost wages incurred while attempting to mitigate her damages' in the FAC that could refer to damages stemming from '[Plaintiff's] work as Trustee, the launch of her podcast...and delayed launch of her business, Insite with Kate[.]' (ROA 100, Oppo. at 5:6-7.) To the degree privilege is asserted, a privilege log is required, but the court notes that merely listing an attorney on communications related to a real estate transaction does not render those communications privileged.[1] With respect to special interrogatories 54, 55, 56, 57, and 58, Plaintiff is ordered to respond regarding properties she has purchase in the last 10 years outside of California. /n [1] The court notes that there is a motion for protective order filed by Plaintiff (ROA 73) and captioned for a hearing on March 15, 2024. The motion was either not calendared with the court or taken off calendar and therefore it has not been considered. No opposition or reply were filed as to that motion.

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