Judge: Richard S. Whitney, Case: 37-2023-00037842-CU-OR-CTL, Date: 2024-03-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 28, 2024

03/01/2024  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Other Real Property Discovery Hearing 37-2023-00037842-CU-OR-CTL WESTERN PARADIGM DESIGN-BUILD VS CHAPMAN INVESTMENTS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: DEFENDANT CHAPMAN INVESTMENTS, LLC'S MOTION TO COMPEL ANSWERS, WITHOUT OBJECTIONS, TO SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR MONETARY SANCTIONS AGAINST WESTERN PARADIGM DESIGN-BUILD IN THE SUM OF $1,660.00 is GRANTED, in part.

Failure to file an opposition to the motion indicates Plaintiff WESTERN PARADIGM DESIGN-BUILD's ('Plaintiff') acquiescence that the motion is meritorious. (L.R. 2.1.19(B) ['The court may deem a lack of opposition to be a concession that a motion is meritorious']; See California Rules of Court, Rule 8.54(c).) 'Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45–day time limit, and the propounding party does not have to demonstrate either good cause or that it satisfied a 'meet and confer' requirement.' (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.) The unopposed motion is granted. Plaintiff is ordered to provide verified responses, without objections, to Defendant Chapman Investments, LLC's ('Defendant') Special Interrogatories and Requests for Production of Documents and Things within ten (10) calendar days.

Defendant is awarded $1,060.00 against Plaintiff. Sanctions are to be paid within ten (10) calendar days.

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