2013-00140406-CU-BC

Ethan Conrad vs. Fruitridge Health and Wellness Inc

Nature of Proceeding: Motion to Compel Discovery Responses

Filed By: Serlin, Mark A.

Plaintiff’s motion for an order compelling responses to his first sets of form
interrogatories and document requests is GRANTED.

Plaintiff served the discovery on July 25, 2013, but Defendant Fruitridge Health and
Wellness, Inc. d/b/a A Therapeutic Alternative (“Defendant”) did not serve any
responses.

No later than November 1, 2013, Fruitridge shall serve verified written responses to
the first sets of form interrogatories and document requests. If Defendant wishes to
assert belated objections based on the Fifth Amendment Privilege, it must file and
serve a motion pursuant to CCP §§ 2030.290 and 2031.300(a). The court expresses
no opinion about the merits of such a motion.

Pursuant to CCP §§ 2030.290(c) and 2031.300(c), the court imposes monetary
sanctions against Defendant and its counsel, Mark J. Reichel (“Reichel”) in the amount
of $470 (1 hr @ reasonable rate of $350/hr + $120 in filing fees).
Plaintiff’s further motion to have his first set of requests for admissions deemed
admitted will be GRANTED unless, prior to the hearing, Defendant has served
responses in substantial compliance with CCP § 2033.220. (CCP § 2033.280(b)-(c).)
If Defendant wishes to assert belated objections based on the Fifth Amendment
Privilege, it must file and serve a motion pursuant to CCP § 2033.280(a). The court
expresses no opinion about the merits of such a motion. The court notes, however,
that corporate entities such as Fruitridge have no fifth amendment privileges. (See
Browning-Ferris Indus. v. Kelco Disposal (1989) 492 U.S. 257, 284 [citation omitted].)

Pursuant to CCP § 2033.280(c), the court imposes a further, mandatory monetary
sanction against Defendant and Reichel in the amount of $235 (.5 hr @ the reasonable
rate of $350.00/hr + $60.00 filing fee).

Defendant and Reichel shall pay the sanctions no later than November 18, 2013. If
Defendant and Reichel fail to pay the sanctions by such date, then Plaintiff may lodge
for the court’s signature a formal order awarding sanctions, which may be enforced as
th
a separate judgment. (See Newland v. Superior Court (1995) 40 Cal.App.4 608,
615.)

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