Judge: William Y. Wood, Case: 37-2024-00000291-CU-PT-NC, Date: 2024-04-05 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - April 04, 2024

04/05/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:William Y Wood

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Civil - Unlimited  Petitions - Other Motion Hearing (Civil) 37-2024-00000291-CU-PT-NC COLLIER VS AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA LIFE INSURANCE COMPANY [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 02/21/2024

Petitioner Laurence Collier's motions to compel discovery responses (ROA #'s 10-12) are granted. The court deems the lack of opposition to the motions to be a concession as to the merits of the motions.

Petitioner propounded discovery requests (special interrogatories, request for admissions and a request for production of documents) on respondent Automobile Club of Southern California Life Insurance Company on January 4, 2024. Tomkinson Dec. (ROA #'s 10-12), ¶ 4. No responses have been received as of this date. Motions (ROA #'s 10-12), 3:15-16.

Respondent Automobile Club of Southern California Life Insurance Company is ordered to provide verified responses to the Special Interrogatories and Request for Production of Documents pursuant to CCP §§ 2030.290(b) and 2031.300(b). By failing to respond to the interrogatories and inspection demand in a timely fashion, respondent Automobile Club has waived the right to assert objections pursuant to CCP §§ 2030.290(a) and 2031.300(a). Respondent Automobile Club's verified responses must be sent to Attorney Philip Alexander at Harris Personal Injury Lawyers, Inc., 800 East 12th Street, Suite 401, Los Angeles, California 90021 by no later than April 19, 2024.

The matters specified in the requests for admission are deemed admitted pursuant to CCP § 2033.280(c) unless respondent provides verified responses at or prior to the hearing. See Demyer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395-396.

The requests for sanctions are granted pursuant to CCP § 2030.300(d) and 2023.010(h) in the amount of $1,520. The sanctions shall be paid by respondent Automobile Club of Southern California Life Insurance Company to defendant Laurence Collier on or before May 5, 2024.

This minute order constitutes the court's order. No party is required to submit a proposed order after hearing.

This is the tentative ruling for an appearance (in person or remote) hearing at 1:30 p.m. on Friday, April 5, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of April 5, 2024. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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3110970