Kari Gerlach et al vs AAA Insurance Company of Southern California et al

Case Number

24CV02179

Case Type

Hearing Date / Time

Mon, 12/15/2025 - 10:00

Nature of Proceedings

Motions to Compel (7)

Tentative Ruling

On April 18, 2024, plaintiffs Kari Gerlach and James Gerlach filed their original complaint in this action against defendant Interinsurance Exchange of the Automobile Club (IEAC) asserting causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, indemnification, and declaratory relief. On March 17, 2025, IEAC filed its answer to the complaint, generally denying the allegations thereof and asserting two affirmative defenses.

On September 17, 2025, IEAC filed eight discovery motions: (1) motion to compel James Gerlach to serve responses to form interrogatories and for $1,560 in monetary sanctions; (2) motion to compel James Gerlach to serve responses to special interrogatories and for $1,560 in monetary sanctions; (3) motion to compel James Gerlach to serve responses to requests for production of documents and for $1,560 in monetary sanctions; (4) motion to deem matters admitted as to James Gerlach and for $1,560 in monetary sanctions; (5) motion to compel Kari Gerlach to serve responses to form interrogatories and for $1,560 in monetary sanctions; (6) motion to compel Kari Gerlach to serve responses to special interrogatories and for $1,560 in monetary sanctions; (7) motion to compel Kari Gerlach to serve responses to requests for production of documents and for $1,560 in monetary sanctions; (8) motion to deem matters admitted as to Kari Gerlach and for $1,560 in monetary sanctions.

No opposition or other response has been filed to these motions. As to the six motions to compel service of responses, these motions are all granted. Defendants James Gerlach and Kari Gerlach shall, each respectively, serve verified responses, without objection, to the first sets of form interrogatories, special interrogatories, and document production requests, and to produce all responsive documents identified in the response to the document production request as to be produced, on or before January 12, 2026.

As to the motions to deem matters admitted, unless before the hearing of this motion defendants James Gerlach and Kari Gerlach have served responses to their respective requests for admission, set one, that is in substantial compliance with Code of Civil Procedure section 2033.220, and make a showing at the hearing of these motions that such responses have been served, the matters set forth in the requests for admission as to the party or parties not serving such a response shall be deemed admitted.

Because no opposition has been filed and there is substantial repetition in the motions, the court will award reasonable attorney fees and costs as monetary sanctions in the total amount of $3,480.00, in favor of defendant Interinsurance Exchange of the Automobile Club and against plaintiffs Kari Gerlach and James Gerlach, jointly and severally, to be paid to counsel for IEAC on or before January 12, 2026.