Judge: Stephen P. Pfahler, Case: 20CHCV00303, Date: 2023-04-05 Tentative Ruling
Case Number: 20CHCV00303 Hearing Date: April 5, 2023 Dept: F49
Dept. F-49
Date: 4-5-23
Case # 20CHCV00303
Trial Date: 5-1-23 c/f 3-27-23
INTERROGATORIES
MOVING PARTY: Defendants/Cross-Complainants,
Sayra Alvarado, et al.
RESPONDING PARTY: Plaintiff/Cross-Defendant, Walter
Martin
RELIEF REQUESTED
Motion to Compel Responses to Form Interrogatories (set
two)
SUMMARY OF ACTION
On April 29, 2019, Plaintiff Walter Martin, trustee for the
Gesner L. Martin living trust, entered into a month-to-month lease agreement
for certain premises with Defendants Sayra Alvarado, Norma Saleido, and Jonathan
Banuelos. Defendants took possession of the premises on the same
date. Plaintiff alleges Defendants violated the lese by keeping more than one
pet on the premises without prior written approval. Plaintiff also alleges
Defendants failed to perform agreed upon maintenance. Plaintiff cancelled the
lease, but Defendants continue to occupy the premises without paying rent since
May 2019.
On May 15, 2020, Plaintiff filed a complaint for Breach of
Lease Contract. Defendant answered the complaint on June 24, 2020, and filed a
cross-complaint against Martin for Breach of Contract, Breach of Implied Warranty
of Habitability, Breach of Implied Warranty of Quiet Enjoyment, Negligence,
Constructive Eviction, Nuisance, Breach of Covenant of Good Faith and Fair
Dealing, Retaliatory Acts, and Trespass. On August 7, 2020, Plaintiff/Cross-Defendants
answered the cross-complaint.
RULING: Granted.
Defendants/Cross-Complainants, Sayra Alvarado, et al.
move to compel responses to Form Interrogatories (set two) from Plaintiff/Cross-Defendant
Martin. Moving parties represents service on May 11, 2022, and no responses have
been received. [Declaration of Zhana Aivazi, ¶ 4, Ex. A.] The exhibit itself
shows a copy of the Form Interrogatories without any attached proof of service.
[Id.] The motion itself also cites to the correct source of authority.
The motion is unopposed. The court finds the proof of
service and amended notice of motion valid.
The court therefore grants the motion. Responding party is
ordered to serve responses to Form Interrogatories (set two) without objections
within 10 days of this order. Sanctions in the amount of $50 imposed against
responding party and counsel.
Trial remains set for May 1, 2023.
Moving Parties to give notice.
Dept. F-49
Date: 4-4-23 (TBH 4-5-23)
Case # 20CHCV00303
Trial Date: 5-1-23 c/f 3-27-23
DOCUMENTS
MOVING PARTY: Defendants/Cross-Complainants,
Sayra Alvarado, et al.
RESPONDING PARTY: Unopposed/Plaintiff/Cross-Defendant,
Walter Martin
RELIEF REQUESTED
Motion to Compel Responses to Request for Production of
Documents (set two)
SUMMARY OF ACTION
On April 29, 2019, Plaintiff Walter Martin, trustee for the
Gesner L. Martin living trust, entered into a month-to-month lease agreement
for certain premises with Defendants Sayra Alvarado, Norma Saleido, and Jonathan
Banuelos. Defendants took possession of the premises on the same
date. Plaintiff alleges Defendants violated the lese by keeping more than one
pet on the premises without prior written approval. Plaintiff also alleges
Defendants failed to perform agreed upon maintenance. Plaintiff cancelled the
lease, but Defendants continue to occupy the premises without paying rent since
May 2019.
On May 15, 2020, Plaintiff filed a complaint for Breach of
Lease Contract. Defendant answered the complaint on June 24, 2020, and filed a
cross-complaint against Martin for Breach of Contract, Breach of Implied Warranty
of Habitability, Breach of Implied Warranty of Quiet Enjoyment, Negligence,
Constructive Eviction, Nuisance, Breach of Covenant of Good Faith and Fair
Dealing, Retaliatory Acts, and Trespass. On August 7, 2020, Plaintiff/Cross-Defendants
answered the cross-complaint.
RULING: Denied.
Defendants/Cross-Complainants, Sayra Alvarado, et al.
move to compel responses to Request for Production of Documents (set two) from Plaintiff/Cross-Defendant
Martin. Moving parties represents service on May 11, 2022, and no responses have
been received. [Declaration of Zhana Aivazi, ¶ 4, Ex. A.] The exhibit itself
shows a copy of Request for Admission without any attached proof of service.
[Id.] The motion itself also cites to more than one source of authority for relief,
including Code of Civil Procedure section 2030.290, which addresses interrogatories,
notwithstanding the ostensible purpose of document production.
The motion is unopposed. The court finds the proof of
service valid.
The court cannot determine valid service of the underlying
discovery, and instead denies the motion due to insufficient proof of service
of the actual operative discovery.
Any and all requests for sanctions are denied. Trial remains
set for May 1, 2023.
Moving Parties to give notice.