Judge: Robert B. Broadbelt, Case: 22STCV31468, Date: 2024-07-17 Tentative Ruling

Case Number: 22STCV31468    Hearing Date: July 17, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff J Cellars Investments, LLC, d/b/a Joseph Cellars Winery          

RESPONDING PARTY:       Defendant HDI Global Insurance Company

Motion to Compel Further Responses to Interrogatories

The court considered the moving, opposition, and reply papers filed in connection with this motion.

DISCUSSION

Plaintiff J Cellars Investments, LLC, d/b/a Joseph Cellars Winery (“Plaintiff”) moves the court for an order (1) compelling defendant HDI Global Insurance Company (“Defendant”) to serve further responses to Plaintiff’s Special Interrogatories, numbers 1, 7-12, 28-33, 38-44, 53-56, 62, 64-68, and 74-80, and (2) awarding monetary sanctions in favor of Plaintiff and against Defendant in the amount of $14,420.

The court grants Plaintiff’s motion to compel Defendant’s further responses to Special Interrogatories, numbers 1, 7-8, and 10-11 because the objections to those interrogatories are without merit.  (Code Civ. Proc., § 2030.300, subd. (a)(3).)

The court grants Plaintiff’s motion to compel Defendant’s further response to Special Interrogatory number 9 because Defendant has not met its burden to establish that the information requested is protected from disclosure by Insurance Code section 791.13 since it appears that section 791.13 limits the disclosure of personal or privileged information about an individual, and this interrogatory does not ask for such information.  (Code Civ. Proc., § 2030.300, subd. (a)(3); Ins. Code, §§ 791.13 [“An insurance institution, agent, or insurance-support organization shall not disclose any personal or privileged information about an individual”] [emphasis added], 791.02, subd. (i) [“‘Individual’ means any natural person who is any of the following . . . .”] [emphasis added].)

The court denies Plaintiff’s motion to compel Defendant’s further responses to Special Interrogatories, numbers 12, 42-43, 53-54, 62-63, 66, 73-75, and 78 because Defendant’s answers to those interrogatories are not evasive or incomplete.  (Code Civ. Proc., § 2030.300, subd. (a)(1).)

The court grants Plaintiff’s motion to compel Defendant’s further responses to Special Interrogatories, numbers 28-33, 38-41, 44, 55-56, 64-65, 67-68, 76-77, and 79-80 because Defendant’s answers to those interrogatories are evasive and incomplete.  (Code Civ. Proc., § 2030.300, subd. (a)(1).)

            The court grants Plaintiff’s request for monetary sanctions against Defendant.  (Code Civ. Proc., § 2030.300, subd. (d).)  The court finds that $8,470 ((12 hours x $700 hourly rate) + $70 motion filing fee) is a reasonable amount of sanctions to impose against Defendant in connection with this motion.  (Rogari Decl., ¶¶ 8-9.)

            The court denies Defendant’s request for monetary sanctions against Plaintiff.  (Code Civ. Proc., § 2030.300, subd. (d).)

ORDER

            The court grants in part plaintiff J Cellars Investments, LLC d/b/a Joseph Cellars Winery’s motion to compel further responses to interrogatories as follows.

            Pursuant to Code of Civil Procedure section 2030.300, the court orders defendant HDI Global Insurance Company to serve further, full and complete answers to plaintiff J Cellars Investments, LLC d/b/a Joseph Cellars Winery’s Special Interrogatories, numbers 1, 7-11, 28-33, 38-41, 44, 55-56, 64-65, 67-68, 76-77, and 79-80, which comply with Code of Civil Procedure sections 2030.210-2030.250, within 20 days of the date of this order.

            The court orders defendant HDI Global Insurance Company to pay monetary sanctions to plaintiff J Cellars Investments, LLC d/b/a Joseph Cellars Winery in the amount of $8,470 within 30 days of the date of this order.

            The court orders plaintiff J Cellars Investments, LLC d/b/a Joseph Cellars Winery to give notice of this ruling.

IT IS SO ORDERED.

DATED:  July 17, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court