Judge: William A. Crowfoot, Case: 22AHCV00879, Date: 2023-08-18 Tentative Ruling

Case Number: 22AHCV00879    Hearing Date: August 18, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

ORLANDO GARCIA,

                   Plaintiff(s),

          vs.

 

IRENE MOTA,

 

                   Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

     CASE NO.:  22AHCV00879

 

[TENTATIVE] ORDER RE: MOTION TO COMPEL FURTHER DISCOVERY RESPONSES

 

Dept. 3

8:30 a.m.

August 18, 2023

 

 

 

 

Defendants Irene Mota, Adolfo Mota, and Magpie Grill, Inc. (collectively, “Defendants”) move the court pursuant to Code of Civil Procedure §§ 2030.300 for an order compelling plaintiff Orlando Garcia (“Plaintiff”) within 15 days to further respond to form interrogatory number 11.1. The supplemental information sought by Defendants is the date and time of each incident underlying the complaints listed in the supplemental case list prepared by Plaintiff which identifies every ADA and Unruh Act lawsuit he has filed in the last 3 years. Defendants argue that a further response is warranted because information about the dates and times of each incident serve as circumstantial evidence of Plaintiff’s bona fide intent as a customer and bona fide intent to return as a customer, as well as his damages because Plaintiff must prove difficulty, discomfort, or embarrassment.

Plaintiff argues that providing the dates and times for each case identified in his case list would be unduly burdensome because he has filed more than 1,000 lawsuits. The Court agrees. In fact, Defendants have already identified the 9 businesses in Altadena which Plaintiff allegedly visited on July 18, 2022. (Motion, p. 4.) Based on Defendants’ proposed argument regarding Plaintiff’s standing, Defendants have only shown that the time at which Plaintiff visited each of the 9 businesses in Altadena on July 18, 2022, are relevant or reasonably calculated to lead to the discovery of admissible evidence.

Accordingly, Defendants’ motion is granted in part. Plaintiff is ordered to provide the time of each incident underlying the other 8 ADA/Unruh actions that he has filed. These cases are: Case No. 22AHCV01164, Case No. 22AHCV01080, Case No. 22AHCV00953, Case No. 22AHCV01094, Case No. 22AHCV01100, Case No. 22AHCV00981, Case No. 22AHCV00832, and Case No. 22AHCV01037. Portions of the complaints filed in these 8 cases have been attached as Defendants’ exhibit 7. 

The requests for sanctions are DENIED as substantial justification existed for opposing this motion. 

 

Dated this 18th day of August, 2023

 

 

 

 

       William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.