Judge: Thomas Falls, Case: 22PSCV00180, Date: 2022-08-26 Tentative Ruling
Case Number: 22PSCV00180 Hearing Date: August 26, 2022 Dept: R
(1)
PLAINTIFF’S NOTICE OF MOTION AND MOTION TO COMPEL
DEFENDANT NTG FRANCHISING, LLC’S FURTHER RESPONSES TO SPECIAL INTERROGATORIES,
SET NUMBER ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $1,600.00
(2)
PLAINTIFF’S NOTICE OF MOTION AND MOTION TO COMPEL
DEFENDANT NTG FRANCHISING, LLC’S FURTHER RESPONSES TO FORM INTERROGATORIES, SET
NUMBER ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $2,000.00
(3)
PLAINTIFF’S NOTICE OF MOTION AND MOTION TO COMPEL
DEFENDANT NTG FRANCHISING, LLC’s FURTHER RESPONSES TO REQUESTS FOR PRODUCTION,
SET NUMBER ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $1,800.00
Tentative Ruling
(1)
PLAINTIFF’S NOTICE OF MOTION AND MOTION TO COMPEL
DEFENDANT NTG FRANCHISING, LLC’S FURTHER RESPONSES TO SPECIAL INTERROGATORIES,
SET NUMBER ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $1,600.00
is TAKEN OFF CALENDAR.
(2)
PLAINTIFF’S NOTICE OF MOTION AND MOTION TO
COMPEL DEFENDANT NTG FRANCHISING, LLC’S FURTHER RESPONSES TO FORM
INTERROGATORIES, SET NUMBER ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE
AMOUNT OF $2,000.00 is TAKEN OFF CALENDAR.
(3)
PLAINTIFF’S NOTICE OF MOTION AND MOTION TO
COMPEL DEFENDANT NTG FRANCHISING, LLC’s FURTHER RESPONSES TO REQUESTS FOR
PRODUCTION, SET NUMBER ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF
$1,800.00 is TAKEN OFF CALENDAR.
Background
Plaintiff Rebecca
Castillo (“Plaintiff”) is a visually impaired and legally blind person who
requires screen-reading software to read website content using a computer. Plaintiff
alleges that Defendant has failed to design, construct, maintain and operate
its website to be fully accessible and to independently usable by Plaintiff and
other visually impaired people.
On February
23, 2022, Plaintiff filed suit against Defendant and Does 1-10 for Violations
of the Unruh Civil Rights Act.
On July 6,
2022, Defendant filed a Demurrer.
On July 20,
2022, Plaintiff filed her First Amended Complaint (“FAC”).
On July 26,
2022, Plaintiff filed the instant motion for further discovery.
On August 4,
2022, the court found Defendant’s demurrer moot.
On calendar,
there are three (3) discovery motions and (1) motion for a protective order.
Discussion
Plaintiff
reserved hearings to compel responses to discovery (not further), but a reading
of the motions indicate that they are motions to compel further discovery.
Thus, the
matters are taken off calendar and Plaintiff is to reserve hearings for the
correct motions (i.e., for further discovery).
Therefore,
the motions are TAKEN OFF CALENDAR.