Jeremiah Rice vs. Larry Levon Kerley

2012-00131793-CU-BC

Jeremiah Rice vs. Larry Levon Kerley

Nature of Proceeding: Motion to Compel Special Interrogatories (Ella Rice)

Filed By: Roberts, Matthew J.

Defendant David Dietrich’s Motion to Compel Further Responses from Plaintiff Ella
Rice to Special Interrogatories, Set 1, is granted.

Plaintiffs allege that the property at 2918 Astoria St was uninhabitable due to intrusive
moisture conditions, mold, and other unhygienic conditions that were improperly
repaired or never repaired. Plaintiff contends that this is a simple landlord tenant case
involving excess moisture gathering in the crawlspace of the home.

Granted: Nos. 1, 3, 4, 6, 9, 10, 12, 15, 16, 18, 19, 21, 22, 24, 25, 27, 31, 33, (34, 36),
37, 39, 40, 42, 43, 45, 46, 48, 49, 51, 55, 57, 58, 67, and 69.

The responses to these contention interrogatories were overly conclusionary and do
not provide specific facts or identify the documents that support the contentions. The
court rejects the argument that the identification of documents would require a
compilation, abstract, or summary the burden of which would be substantially the
same for defendant as for plaintiff. See CCP 2030.230. The interrogatory merely asks
for the identity of documents that support each of plaintiff’s allegations of wrongdoing
by defendant.

Sanctions are granted in the reasonable amount of $335. The court is awarding one
hour of time for each of the three motions filed for this date because the motions are
duplicative .

Plaintiff shall provide further responses, without objections, on or before October 11,
2013.
The minute order is effective immediately. No formal order pursuant to CRC Rule
3.1312 or further notice is required.

Item 7 2012-00131793-CU-BC

Jeremiah Rice vs. Larry Levon Kerley

Nature of Proceeding: Motion to Compel Special Interrogatories (Robie Rice)

Filed By: Roberts, Matthew J.

Defendant David Dietrich’s Motion to Compel Further Responses from Plaintiff Robie
Rice to Special Interrogatories, Set 1, is granted.

Plaintiffs allege that the property at 2918 Astoria St was uninhabitable due to intrusive
moisture conditions, mold, and other unhygienic conditions that were improperly
repaired or never repaired. Plaintiff contends that this is a simple landlord tenant case
involving excess moisture gathering in the crawlspace of the home.

Granted: Nos. 1, 3, 4, 6, 9, 10, 12, 15, 16, 18, 19, 21, 22, 24, 25, 27, 31, 33, (34, 36),
37, 39, 40, 42, 43, 45, 46, 48, 49, 51, 55, 57, 58, 67, and 69.

The responses to these contention interrogatories were overly conclusionary and do
not provide specific facts or identify the documents that support the contentions. The
court rejects the argument that the identification of documents would require a
compilation, abstract, or summary the burden of which would be substantially the
same for defendant as for plaintiff. See CCP 2030.230. The interrogatory merely asks
for the identity of documents that support each of plaintiff’s allegations of wrongdoing
by defendant.

Sanctions are granted in the reasonable amount of $335. The court is awarding one
hour of time for each of the three motions filed for this date because the motions are
duplicative .

Plaintiff shall provide further responses, without objections, on or before October 11,
2013.

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

Item 8 2012-00131793-CU-BC

Jeremiah Rice vs. Larry Levon Kerley

Nature of Proceeding: Motion to Compel Special Interrogatories (Jeremiah Rice)

Filed By: Roberts, Matthew J.

Defendant David Dietrich’s Motion to Compel Further Responses from Plaintiff
Jeremiah Rice to Special Interrogatories, Set 1, is granted.
Plaintiffs allege that the property at 2918 Astoria St was uninhabitable due to intrusive
moisture conditions, mold, and other unhygienic conditions that were improperly
repaired or never repaired. Plaintiff contends that this is a simple landlord tenant case
involving excess moisture gathering in the crawlspace of the home.

Granted: Nos. 1, 3, 4, 6, 9, 10, 12, 15, 16, 18, 19, 21, 22, 24, 25, 27, 31, 33, (34, 36),
37, 39, 40, 42, 43, 45, 46, 48, 49, 51, 55, 57, 58, 67, and 69.

The responses to these contention interrogatories were overly conclusionary and do
not provide specific facts or identify the documents that support the contentions. The
court rejects the argument that the identification of documents would require a
compilation, abstract, or summary the burden of which would be substantially the
same for defendant as for plaintiff. See CCP 2030.230. The interrogatory merely asks
for the identity of documents that support each of plaintiff’s allegations of wrongdoing
by defendant.

Sanctions are granted in the reasonable amount of $335. The court is awarding one
hour of time for each of the three motions filed for this date because the motions are
duplicative .

Plaintiff shall provide further responses, without objections, on or before October 11,
2013.

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

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