Judge: Michael T. Smyth, Case: 37-2023-00054246-CU-BC-CTL, Date: 2024-05-24 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 23, 2024

05/24/2024  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael T. Smyth

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Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2023-00054246-CU-BC-CTL ROCKY MOUNTAIN SUPPORT SERVICES INC VS LIPSEY [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 03/25/2024

Plaintiff Rocky Mountain Support Services, Inc.'s Motions to Compel Further Responses to Form Interrogatories, Special Interrogatories, Requests for Production of Documents, and Requests for Admission are each GRANTED except as to Form Interrogatory 50.1. (ROAs 18, 21, 24, 27.) Sanctions were only requested for the motions on form interrogatories and requests for production of documents.

The court imposes sanctions in the reduced amount of $2,000. All objections are overruled.

First, Plaintiff sought further responses to Form Interrogatories 14.1, 17.1, 50.1, and 50.6. In response to Form Interrogatory No. 14.1, Defendant must specify which laws it claims Plaintiff violated. Additional facts are required as to Form Interrogatory 17.1. 'Unknown' is not a proper response to Form Interrogatory No. 50.6. Defendant identifying the 'DOCUMENT' (i.e., the Promissory Note) in response to Form Interrogatory No. 50.1 is sufficient.

Further responses are required to all special interrogatories specified in the papers (Nos. 1-9, 15). To the extent Defendant's position is that he did not have to perform under the Note and therefore did not perform, he may respond as such. If he did perform some or all of the obligations under the Note, even if his position is that he was not actually required to perform, then he must also so respond.

Further responses are required to all requests for production specified in the papers (Nos. 6, 7, and 9-11). Even if Defendant has signaled that he may not have responsive documents, code compliant responses are required.

Further responses are required to requests for admission 7 and 20. The requests are relevant and non-objectionable.

Defendant is ordered to serve further responses within 20 days.

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