Judge: Robert P. Dahlquist, Case: 37-2023-00003684-CU-PO-NC, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - October 26, 2023

10/27/2023  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  PI/PD/WD - Other Discovery Hearing 37-2023-00003684-CU-PO-NC STATE FARM GENERAL VS. UPSTART CONSTRUCTION [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 09/01/2023

In connection with plaintiff State Farm General Insurance Company's motions to compel further discovery responses (ROA #'s 26, 33, 40, 47, 54, 61 and 68), the court issues the following rulings: Upstart Construction - Defendant Upstart Construction is ordered to provide full and complete responses to Special Interrogatories, Numbers 1-5 by November 17, 2023.

- Defendant Upstart Construction is ordered to provide and full and complete responses to Form Interrogatories Numbers 3.1, 3.2, 3.3, 3.5, 3.7, 4.1, 4.2, 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 14.1, 14.2, 15.1, 16.8, 17.1 and 50.1 by November 17, 2023.

- Defendant Upstart Construction is to provide supplemental further responses to request for production of documents numbers 1-8. The verified supplemental response shall state, in plain and simple language: (1) whether defendant has any documents responsive to the request; (2) whether defendant has or will produce all such documents; and (3) whether defendant is withholding from production any responsive documents. The supplemental verified responses shall be served by November 17, 2023.

The court directs defendant to prepare a log of withheld documents, if any documents have been withheld, and serve it on the plaintiff by November 17, 2023.

- Defendant Upstart Construction is ordered to provide code-compliant responses to requests for admission numbers 1-9 by November 17, 2023.

- Plaintiff's requests for monetary sanctions is granted in the total amount of $3,240 ($810 per motion for four motions). Defendant Upstart Construction is ordered to pay monetary sanctions in the amount of $3,240 to plaintiff State Farm General Insurance Company by November 27, 2023.

JKV SPV, LLC - Defendant JKV SPV, LLC is ordered to provide full and complete responses to Special Interrogatories, Numbers 1-5 by November 17, 2023.

- Defendant JKV SPV, LLC is to provide supplemental further responses to request for production of documents numbers 1-8. The verified supplemental response shall state, in plain and simple language: (1) whether defendant has any documents responsive to the request; (2) whether defendant has or will produce all such documents; and (3) whether defendant is withholding from production any responsive documents. The supplemental verified responses shall be served by November 14, 2023. The court directs defendant to prepare a log of withheld documents, if any documents have been withheld, and serve it on the plaintiff by November 17, 2023.

- Defendant JKV SPV, LLC is ordered to provide code-compliant responses to requests for admission numbers 1-9 by November 17, 2023.

- Plaintiff's requests for monetary sanctions is granted in the total amount of $2,430 ($810 per motion for Calendar No.: Event ID:  TENTATIVE RULINGS

3015802 CASE NUMBER: CASE TITLE:  STATE FARM GENERAL VS. UPSTART CONSTRUCTION  37-2023-00003684-CU-PO-NC three motions). Defendant JKV SPV, LLC is ordered to pay monetary sanctions in the amount of $3,240 to plaintiff State Farm General Insurance Company by November 27, 2023.

This is the tentative ruling for an appearance (in person or remote) hearing at 1:30 p.m. on Friday, October 27, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of October 27, 2023. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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3015802