Joe Martinez vs Arrianne Sandera
Joe Martinez vs Arrianne Sandera
Case Number
23CV00471
Case Type
Hearing Date / Time
Wed, 09/20/2023 - 10:00
Nature of Proceedings
Defendant’s (2) Motions to Compel
Tentative Ruling
Plaintiff Joe Martinez is self-represented
Defendant Arrianne Sandera is represented by Jordan D. Hankey
Issue
Defendant’s (2) Motions to Compel
Ruling
The Court will grant the motions to compel and will order Plaintiff Martinez to provide verified responses to the Requests for Production of Documents and Form Interrogatories, without objection, on or before October 11, 2023.
With respect to the motion for deemed admissions, if Plaintiff provides verified responses to the requests for admission before the time of the hearing on this motion, the motion will be denied.
If Plaintiff fails to provide verified responses to the requests for admission before the time of the hearing on this motion, the motion will be granted, and the Court will order the matters set forth in the requests to be deemed admitted by Plaintiff.
Regardless of whether Plaintiff timely provides responses, an award of sanctions is mandatory under the terms of Code of Civil Procedure section 2033.280(c). Consequently, the Court will order Plaintiff to pay to Sandera discovery sanctions in the amount of $1,260.00 on this motion; to be paid by November 1, 2023.
There are submitted proposed orders that the Court intends to sign.
The Trial Conference date of 1/24/24 at 11:30am and the Mandatory Settlement Conference date of 12/15/23 at 8:30 and the final CMC on 1/10/24 at 8:30am are all confirmed.
Brief Description of the Case
Joe Martinez filed a breach of an oral contract complaint against Arrianne Sandera on 2/3/23; seeks $24,000 in damages; plus, attorney fees according to proof.
Sandera filed a cross-complaint contending Martinez fraudulently used Sandera's credit card for purchases, showed up at her home unannounced and then assaulted and battered her husband, unlawfully recorded the altercation, and posted an edited video online, and has intentionally harassed Sandera and her family.
This is a motion to compel responses, and a motion for deemed admissions. Defendant and cross-complainant Sandera served Requests for Production of Documents (Set 1), Form Interrogatories (Set 1), and Requests for Admissions (Set 1) on Plaintiff and cross-Defendant Martinez on June 28, 2023. Mr. Martinez has never responded to this discovery. Sandera has now moved to compel verified responses to the Request for Production of Documents and the Form Interrogatories, without objection, seeking $580 and $660 in discovery sanctions, for the respective motions. Sandera further moves for an order deeming admitted the matters set forth in the Requests for Admissions, and for sanctions of $1,260. Martinez has not opposed any of the motions.
Trial dates have been set long ago.
The Court’s Conclusions
The Court will grant the motions.