Judge: Stephen P. Pfahler, Case: 24STCV05869, Date: 2025-04-28 Tentative Ruling

Case Number: 24STCV05869    Hearing Date: April 28, 2025    Dept: 68

Dept. 68

Date: 4-28-25

Case: 24STCV05869

Trial Date: 7-14-25

DOCUMENTS & SPECIAL INTERROGATORIES

MOVING PARTY: Defendant, AvalonBay Communities, Inc.

RESPONDING PARTY: Unopposed/ Plaintiff, Fernando Marrero

RELIEF REQUESTED

Motion to Compel Responses to Request for Production of Documents

Motion to Compel Responses to Special Interrogatories

SUMMARY OF ACTION

Plaintiff Fernando Marrero rents/leases certain premises owned and/or managed by Defendants Woodland Hills East, LLC, AvalonBay Communities, Inc., and Chris Artola. Plaintiff alleges substandard habitability conditions.

On March 8, 2024, Plaintiff Fernando Marrero filed a complaint for 1. Breach of Contract 2. Breach of Implied Warranty of Habitability 3. Nuisance 4. Negligence 5. Intentional Infliction of Emotional Distress 6. Wrongful Eviction 7. Violation of Cal. Civ. Code§ 1950.5(1). On March 26, 2024, Plaintiff dismissed ASN Woodland Hills East, LLC. On May 15, 2024, AvalonBay Communities, Inc. answered the complaint. On May 23, 2024, Plaintiff again dismissed ASN Woodland Hills East, LLC, as well as Chris Artola.

RULING: Granted.

Defendant AvalonBay Communities, Inc. (AvalonBay) moves to compel responses to Request for Production of Documents (set one) and Special Interrogatories (set one) from Plaintiff Fernando Marrero. The court combines the two motions into a single order.

AvalonBay served Marrero on July 12, 2024. [Declarations of Kelsey Kuberka, ¶ 3, Ex. A-C.] After two extensions, and at the time of the filing of the motion, no responses were received. [Ibid., ¶ 12.] The court electronic filing system shows no opposition on file at the time of the tentative ruling publication cutoff. Defendant filed a notice of non-opposition.

The unopposed motions are granted. Plaintiff Fernando Marrero is ordered to serve verified responses to Request for Production of Documents (set one) and Special Interrogatories without objections within ten days. (Code Civ. Proc., §§ 2030.300, subd. (a-b), 2031.300, subd. (a-b).)

Sanctions in the amount of $1,250 against Fernando Marrero and counsel. (Code Civ. Proc., §§ 2023.050, subd. (a), 2030.300, subd. (d), 2031.300, subd. (d).) Sanctions payable within 30 days of this order.

Motion to compel responses to form interrogatories on April 29, 2025. Final Status Conference and motion to deem admissions admitted scheduled for July 3, 2025.

AvalonBay Communities, Inc. to give notice.