Judge: Shirley K. Watkins, Case: 20VECV00103, Date: 2023-01-23 Tentative Ruling

If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.

Case Number: 20VECV00103    Hearing Date: January 23, 2023    Dept: T

Tentative Ruling

Terrell v Soble

20VECV00103

Counsel are reminded to comply with Local Rule 3.25 for the Final Status Conference.  The time to file motions in limine has already expired.

1. Combined motion to compel all defense witnesses to appear at deposition and produce documents:  This motion was filed by plaintiff on 12/19/2022 seeking an order compelling the depositions of Joselyn Soble, Jason Basa and Robert Sehested, as well as production of documents.   The motions are not untimely.  The 60 day deadline applies to filing of a motion after the deposition has been taken.  Here, the depositions were never taken. A certificate of non-appearance is not the same as a deposition.  The court notes that there were instances that discovery was paused during settlement negotiations.  The motion is granted.  However, as there was an objection to the new deposition notice, the court does not find that objections were waived, and it appears that the original noticed dates were not intended to go forward. The court orders that the depositions take place within 10 days by Zoom (for Basa and Sehested) and in person (for Soble) on a date and time agreed upon by counsel.  If there is no agreement, the depositions shall be taken by Zoom as follows:  1/30/2023 at 9:30 a.m. Soble, 1/31/2023 at 9:30 a.m. Basa and 2/1/2023 at 9:30 a.m. Sehested.  Defendant Soble was not reasonable in so severely restricting the available for dates for deposition so late in the case. Monetary sanctions pursuant to CCP section 2023.010 in the sum of $1,000 as attorney fees against defendant Soble for discovery abuse without substantial justification payable to the Client Trust Account of Schein Law Group, 2029 Century Park East, Suite 400, Los Angeles, CA 90067 by 2/17/2023.  This amount is a reasonable amount for this type of motion. The request for issue and evidence sanctions is overreaching.  The additional requested amount is not granted because the motion was overworked and unnecessary.  Documents requested to be produced as to categories #10, 11, 12, 11, 15, 16, 20, 21, 22 only to plaintiff counsel for receipt by him by 1/27/2023 if not already produced in discovery. The remainder of the documents requested are denied as irrelevant, invasion of privacy, and overbroad.  If documents are protected by attorney client privilege or attorney work product or any other privilege, a privilege log shall be prepared and serve by the time the documents are served by 1/27/2023.

2. Motion to compel supplemental discovery: This motion was filed by plaintiff on 12/20/2022 seeking an order to compel defendant(s) to respond to the first supplemental set of discovery.  The discovery was served on 8/8/2022.  According to plaintiff, the responses were served on 1/9/2023.  Therefore, the motion would be moot except as to monetary sanctions.  The court does not see any meet and confer about the supplemental responses due prior to the motion to compel being filed.  At this time, no sanctions.

3. Motion for sanctions for Diamond Professionals Intl’s failure to appear at depo and motion to compel production and appearance:  This motion was filed by plaintiff on 12/6/2022.  The court grants the motion to compel deposition and it is ordered to take place in person on 1/30/2023 at 1:30 p.m. unless agreed to otherwise.  The court restricts the topics of the deposition and production of documents to the following categories only #1, 3, 4, 15, 16, 17 (deleting any names or other person information of the persons), 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 47.  All other categories and all other documents requested are denied as being overbroad, irrelevant, and invasion of privacy rights.  Also, they appear to be seeking punitive damages discovery without leave of court.  Monetary sanctions pursuant to CCP section 2023.010 in the sum of $1,000 as attorney fees against defendant DPI for discovery abuse without substantial justification payable to the Client Trust Account of Schein Law Group, 2029 Century Park East, Suite 400, Los Angeles, CA 90067 by 2/17/2023.  This amount is a reasonable amount for this type of motion. The request for issue and evidence sanctions is overreaching.  The additional requested amount is not granted because the motion was overworked and unnecessary.  Documents requested to be produced to plaintiff counsel for receipt by him by 1/27/2023 if not already produced in discovery.  If documents are protected by attorney client privilege or attorney work product or any other privilege, a privilege log shall be prepared and serve by the time the documents are served by 1/27/2023.

4. Motion for order compelling further responses to SROGs Nos. 54, 55, 57, 60, 62, 66, 67, 70, 73, 74, 75-78; and RFPs Nos. 85, 89 is denied as being filed untimely.  The only way that there can be an extension to file a motion to compel is by agreement of responding party.  Once the deadline expires, the court does not have jurisdiction to reinstate it.   There is no evidence of a written agreement by defendants to extend the motion cutoff date.