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Damon Parham vs. Sneha Patel

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2015-00179896-CU-PO

Damon Parham vs. Sneha Patel

Nature of Proceeding: Motion to Compel Form Interrogatories (Sneha Patel)

Filed By: Virag, Brian J.

Plaintiffs’ motion to compel responses to form interrogatories is UNOPPOSED and is ruled upon as follows.

Here, the parties agreed that Defendant would have until August 27, 2018 to serve a response. Defendant failed to serve responses by such time. Plaintiffs sent a meet and confer letter requesting responses, without objections. On September 14, 2018, Defendant served unverified responses, some with objections, others without, and one which Defendant failed to respond.

With respect to interrogatory nos. 1.1, 2.1, 2.9, 2.10, 3.1, 3.2, 3.3, 3.4, 3.6, 3.7, 4.1,

4.2,12.2, 12.3,12.4, 12.5, 12.6, 12.7, 13.1, 13.2, 14.1,14.2, 16.1, 16.2, 16.3, 16.4, 16.5, 16.6, 16.7, 16.8,16.9, 50.1, 50.2, 50.3, 50.4, 50.5, 50.6, Defendant’s response was sufficient, but no verification was served. The motion is GRANTED. Defendant shall serve a verification by no later than January 31, 2019.

With respect interrogatory no. 12.1, no response was served. The motion is GRANTED. Defendant shall serve a verified response, without objections, by no later than January 31, 2019.

With respect to interrogatory no. 17.1, the response included an objection as well as a response, and was unverified. Since the objections were waived, the motion is GRANTED. Defendant shall serve a verified response, without objections, by no later than January 31, 2019.

With respect to interrogatory nos. 15.1 and 16.10, Defendant served objection only responses. Since the objections were waived, the motion is GRANTED. Defendant shall serve a verified response, without objections, by no later than January 31, 2019.

Sanctions are denied since the motion is unopposed.

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.

Moving counsel’s notice of motion does not provide notice of the Court’s tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Defendant’s and advise counsel of Local Rule 1.06 and the Court’s tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact Defendant’s counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone.

Item 5 2015-00179896-CU-PO

Damon Parham vs. Sneha Patel

Nature of Proceeding: Motion to Compel Production of Documents (Sneha Patel)

Filed By: Virag, Brian J.

Plaintiffs’ motion to compel responses to request for production of documents is UNOPPOSED and is ruled upon as follows.

Here, the parties agreed that Defendant would have until August 27, 2018 to serve a response. Defendant failed to serve responses by such time. Plaintiffs sent a meet and confer letter requesting responses, without objections. On September 14, 2018, Defendant served unverified responses, some with objections, others without, and others which Plaintiffs contend are insufficient.

With respect to request nos. 1, 2, 3,4, 5, 6, 8, 9,12,13, 14, 16, 17, 19, 21, 22, 23, 24, 25, 26, 27, 28, Defendant’s response was sufficient, but no verification was served. The motion is GRANTED. Defendant shall serve a verification by no later than January 31, 2019.

With respect to request nos. 7, 10, 11, 18, 20, Plaintiff contends that the response is insufficient and unverified. As to the verification, the motion is GRANTED. Defendant shall serve a verification by no later than January 31, 2019. As to the insufficient response, the motion is DENIED for failure to file a separate statement as required by CRC Rule 3.1345.

With respect to request no. 15, the response included an objection as well as a response, and was unverified. Since the objections were waived, the motion is GRANTED. Defendant shall serve a verified response, without objections, by no later than January 31, 2019.

Sanctions are denied since the motion is unopposed.

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.

Moving counsel’s notice of motion does not provide notice of the Court’s tentative

ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Defendant’s and advise counsel of Local Rule 1.06 and the Court’s tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact Defendant’s counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone.

Item 6 2015-00179896-CU-PO

Damon Parham vs. Sneha Patel

Nature of Proceeding: Motion to Deem Matters Admitted (Sneha Patel)

Filed By: Virag, Brian J.

Plaintiffs’ motion to have their first set of requests for admissions deemed admitted against Defendant Sneha Patel is UNOPPOSED and will be GRANTED unless, prior to the hearing, Defendant has served responses in substantial compliance with Code of Civil Procedure § 2033.220. (CCP § 2033.280(b)-(c).)

Pursuant to Code of Civil Procedure § 2033.280(c), the Court imposes a mandatory

monetary sanction in the amount of $350.00 (1 hr @ the reasonable rate of

$350.00/hr). Defendant and/or the attorney of record, Mark Gallagher, shall pay the

sanction no later than January 31, 2019. The sanction is not paid the sanction by such

date, then Plaintiffs may lodge for the Court’s signature a formal order awarding

sanctions, which may be enforced as a separate judgment. (See Newland v. Super.

Court (1995) 40 Cal. App. 4th 608, 615.)

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.

Item 7 2015-00179896-CU-PO

Damon Parham vs. Sneha Patel

Nature of Proceeding: Motion to Deem Matters Admitted (Namretta Patel)

Filed By: Virag, Brian J.

Plaintiffs’ motion to have their first set of requests for admissions deemed admitted against Defendant Namretta Patel is UNOPPOSED and will be GRANTED unless, prior to the hearing, Defendant has served responses in substantial compliance with Code of Civil Procedure § 2033.220. (CCP § 2033.280(b)-(c).)

Pursuant to Code of Civil Procedure § 2033.280(c), the Court imposes a mandatory

monetary sanction in the amount of $350.00 (1 hr @ the reasonable rate of

$350.00/hr). Defendant and/or the attorney of record, Mark Gallagher, shall pay the

sanction no later than January 31, 2019. The sanction is not paid the sanction by such

date, then Plaintiffs may lodge for the Court’s signature a formal order awarding

sanctions, which may be enforced as a separate judgment. (See Newland v. Super.

Court (1995) 40 Cal. App. 4th 608, 615.)

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.

Item 8 2015-00179896-CU-PO

Damon Parham vs. Sneha Patel

Nature of Proceeding: Motion to Compel Form Interrogatories (Namretta Patel)

Filed By: Virag, Brian J.

Plaintiffs’ motion to compel responses to form interrogatories is UNOPPOSED and is ruled upon as follows.

Here, the parties agreed that Defendant would have until August 27, 2018 to serve a response. Defendant failed to serve responses by such time. Plaintiffs sent a meet and confer letter requesting responses, without objections. On September 14, 2018, Defendant served unverified responses, some with objections, others without, and one which Defendant failed to respond.

With respect to interrogatory nos. 1.1, 2.1, 2.9, 2.10, 3.1, 3.2, 3.3, 3.4, 3.6, 3.7, 4.1,

4.2,12.2, 12.3,12.4, 12.5, 12.6, 12.7, 13.1, 13.2, 14.1,14.2, 16.1, 16.2, 16.3, 16.4, 16.5, 16.6, 16.7, 16.8,16.9, 50.1, 50.2, 50.3, 50.4, 50.5, 50.6, Defendant’s response was sufficient, but no verification was served. The motion is GRANTED. Defendant shall serve a verification by no later than January 31, 2019.

With respect interrogatory no. 12.1, no response was served. The motion is GRANTED. Defendant shall serve a verified response, without objections, by no later than January 31, 2019.

With respect to interrogatory no. 17.1, the response included an objection as well as a response, and was unverified. Since the objections were waived, the motion is GRANTED. Defendant shall serve a verified response, without objections, by no later than January 31, 2019.

With respect to interrogatory nos. 15.1 and 16.10, Defendant served objection only responses. Since the objections were waived, the motion is GRANTED. Defendant shall serve a verified response, without objections, by no later than January 31, 2019.

Sanctions are denied since the motion is unopposed.

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.

Moving counsel’s notice of motion does not provide notice of the Court’s tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Defendant’s and advise counsel of Local Rule 1.06 and the Court’s tentative ruling

procedure and the manner to request a hearing. If moving counsel is unable to contact Defendant’s counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone.

Item 9 2015-00179896-CU-PO

Damon Parham vs. Sneha Patel

Nature of Proceeding: Motion to Compel Production of Documents (Namretta Patel)

Filed By: Virag, Brian J.

Plaintiffs’ motion to compel responses to request for production of documents is UNOPPOSED and is ruled upon as follows.

Here, the parties agreed that Defendant would have until August 27, 2018 to serve a response. Defendant failed to serve responses by such time. Plaintiffs sent a meet and confer letter requesting responses, without objections. On September 14, 2018, Defendant served unverified responses, some with objections, others without, and others which Plaintiffs contend are insufficient.

With respect to request nos. 1, 2, 3,4, 5, 6, 8, 9,12,13, 14, 16, 17, 19, 21, 22, 23, 24, 25, 26, 27, 28, Defendant’s response was sufficient, but no verification was served. The motion is GRANTED. Defendant shall serve a verification by no later than January 31, 2019.

With respect to request nos. 7, 10, 11, 18, 20, Plaintiff contends that the response is insufficient and unverified. As to the verification, the motion is GRANTED. Defendant shall serve a verification by no later than January 31, 2019. As to the insufficient response, the motion is DENIED for failure to file a separate statement as required by CRC Rule 3.1345.

With respect to request no. 15, the response included an objection as well as a response, and was unverified. Since the objections were waived, the motion is GRANTED. Defendant shall serve a verified response, without objections, by no later than January 31, 2019.

Sanctions are denied since the motion is unopposed.

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.

Moving counsel’s notice of motion does not provide notice of the Court’s tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact Defendant’s and advise counsel of Local Rule 1.06 and the Court’s tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact Defendant’s counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone.


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