Judge Ronald F. Frank, Case 20TRCV00180 2023-01-18 Tentative Ruling

Judge: Ronald F. Frank, Case: 20TRCV00180, Date: 2023-01-18 Tentative Ruling

Case Number: 20TRCV00180 Hearing Date: January 18, 2023 Dept: 8

Tentative Ruling

HEARING DATE: January 18, 2023¿

CASE NUMBER: 22TRCV00144 (Consolidated with Case No. 20TRCV00180)

CASE NAME: Timothy Roth, et al v. Kelly Thompson, et al

MOVING PARTY: Plaintiffs, Timothy Roth, as an individual and as successor-in-interest to 3302 Manhattan Avenue, LLC; Roth Management Group, LLC; 435-445 Avalon, LLC; The Roth Group, LLC; and 505 Marine, LLC.

RESPONDING PARTY: Defendants, Kelly Thompson, Daniel Curtis Investments, LLC

TRIAL DATE: Not Set

MOTION:¿ (1) Motion to Compel Further Responses by Plaintiff to Defendant’s Form Interrogatories

(2) Motion to Compel Further Responses by Plaintiff to Defendant’s Requests for Admission

Tentative Rulings: The hearing on the Motion to Compel further responses to Form Interrogatory 17.1 is DEFERRED until after Plaintiff serves admissions, denials, or inability to admit or deny the 62 subject RFAs, and a proper Separate Statement can be prepared. If Plaintiff admits an RFA, there would be no corresponding form interrogatory to answer relating to that RFA.

As to the RFAs, the Court overrules Plaintiff’s objections except as noted below, and GRANTS the motion, ordering Plaintiff to serve a verified further response within 30 days that either admits, denies, or states an inability to admit or deny each of the subject RFAs. With respect to the RFAs that contain a trio of queries – i.e., “evidencing, supporting, or pertaining to” – Plaintiff shall admit or deny (or state an inability to do either) only as the first of the three of the trio of queries, “evidencing.”

The legitimate purpose of discovery is served by each side disclosing upon proper demand the facts, witnesses, and documents that “evidence” its allegations or defenses. Here, Defendant has sought Plaintiff’s evidence of the basis for allegations, paragraph-by-paragraph, of the Complaint. The Court denies monetary sanctions at this time since the Court perceives both sides to be engaging in different levels of gamesmanship. But the case will be properly discovered so that at the time of the final status conference, the Court can review a witness list and exhibit list continuing the names of all persons who may be testifying and a binder containing all exhibits either side may wish to present to prove its claim or defense. If the trial needs to be continued again to enable completion of this legitimate discovery, the Court will work with both sides to schedule a new date. But the gamesmanship will end.