Andre Farr vs The Ritz-Carlton Hotel Company LLC
Andre Farr vs The Ritz-Carlton Hotel Company LLC
Case Number
24CV00258
Case Type
Hearing Date / Time
Wed, 11/20/2024 - 10:00
Nature of Proceedings
3 Motions to Compel
Tentative Ruling
Andre Farr is Self-Represented
Defendant is represented by Marc A. Trachtman, Mathew J. Vande Wydeven
Hearing
3 motions to compel any discovery responses, and one motion for deemed admissions, filed against the pro per Plaintiff.
[NOTE: On 10/11/24 the unserved Defendants Marriott International Inc and the Ritz-Carlton Bacara, Santa Barbara. were Dismissed.]
RULING
1. On July 31, 2024, Defendant served Requests for Production of Documents (Set One), Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Admissions (Set One) upon Plaintiff. When no responses were timely received from Plaintiff, and no response was received to Defendant’s letter (sent via email) requesting that verified answers be provided, Defendant filed the current motions to compel Plaintiff to provide verified responses to the Requests for Production, Form Interrogatories, and Special Interrogatories, and for an order deeming admitted the matters set forth in the Requests for Admissions. Each motion seeks $840 in sanctions from Plaintiff.
2. The Court will grant the motions to compel Plaintiff to provide responses to the Requests for Production of Documents (Set One), Form Interrogatories (Set One), and Special Interrogatories (Set One), and will order Plaintiff to provide verified responses to each, without objections, no later than December 18, 2024.
3. If Plaintiff provides verified responses to the Requests for Admissions (Set One) to Defendant prior to the time of the hearing on the motion for deemed admissions, the motion will be denied.
4. If Plaintiff fails to provide verified responses to the Requests for Admissions (Set One) to Defendant prior to the time of the hearing on the motion for deemed admissions, the motion will be granted, and Plaintiff will be deemed to have admitted all matters set forth in the requests.
5. An award of sanctions with respect to the motion for deemed admissions is mandatory regardless of whether Plaintiff timely provides verified responses to Defendant. (Code Civ. Proc., § 2033.280, subd. (c).) The Court will award sanctions, payable by Plaintiff to Defendant, in the total amount of $2,500 for all four motions. To be paid by 1/30/25.
6. The Trial Date of 2/19/25 and the MSC of 1/31/25 and the Final CMC of 12/18/24 are all confirmed.
7. Defendant to give notice of this ruling.