Judge: Nathan R. Scott, Case: Troncoso v. Brown, Date: 2023-05-19 Tentative Ruling

Motion to Withdraw

Mahaffey Law Group’s motion to withdraw as counsel of record for Defendant TB Lending Inc. is granted, effective upon filing proof of service of the signed order.  (Code Civ. Proc. § 284; Cal. Rules of Court, rule 3.1362.)

TB Lending is advised that it cannot represent itself; it must appear through counsel.  (See CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.)

Moving counsel shall give notice.

Motions to Compel Depositions

Plaintiff Sean Troncoso’s motions to compel the depositions of defendant Thomas Brown and the PMK of defendant TB Lending are granted.  (See Code Civ. Proc. § 2025.450).

Defendant Brown and TB Lending’s PMK shall submit to their depositions on 10 days’ notice at the offices of plaintiff’s counsel.

The parties may agree in writing to change the date or location.

Motion to Compel re Written Discovery

Plaintiff Sean Troncoso’s motions to compel are denied as moot.

Defendants produced responses to plaintiff’s form interrogatories-general, form interrogatories-employment, special interrogatories, and requests for production on 1/7/23, after defense counsel recovered from hip surgery.  (See Mahaffey decl. ¶¶ 3-4 & Exs. 1-2, 4-7, & 9).

Motion to Deem Requests for Admissions, Admitted

Plaintiff Sean Troncoso’s motion to deem RFAs admitted is denied.

First, it appears defendant served timely objections. (Litvak decl. Ex. E.)  Plaintiff did not move to compel further responses.  (See Code Civ. Proc., § 2033.290.) 

In any event, defendants served substantially compliant responses on 1/7/23.  (See Code Civ. Proc. § 2033.280, subd. (c); see also Mahaffey decl. ¶¶ 3-4 & Exs. 3, 8.)

Sanctions

Defendants shall pay $1500 to plaintiff in discovery sanctions solely for the deposition motions. 

Defense counsel cancelled the depositions; it fell him to reschedule them.  He was in the best position to know when he had sufficiently recovered.

The court imposes no sanctions on the other motions.  Defense counsel gave adequate notice of his emergency hip surgery and served defendants’ responses within a reasonable time after his recovery.

Order to Show Cause

The OSC re discovery referee is vacated.

Plaintiff shall give notice of all discovery-related rulings.