18-CIV-01625 LISA DUNN, ET AL. VS. CHRISTOPHER OSWALD, ET AL.

LISA DUNN CHRISTOPHER OSWALD
T. TROY OTUS CHRISTOPHER J. NEVIS

DEFENDANTS SOUTHERN GLAZERS WINE & SPIRITS, EMKAY INC. AND CHRISTOPHER OWSWALD’S MOTION TO COMPEL DISCOVERY RESPONSES AND FOR MONETARY SANCTIONS TENTATIVE RULING:

The motion to compel responses to Form Interrogatories (Set One) and Request for Production of Documents (Set One) is granted as to both Plaintiffs.

Plaintiffs’ opposition is not supported by any declaration or other evidence. The Court cannot assume the truth of Plaintiffs’ contention that they served responses on September 21, 2018. Plaintiffs shall each serve verified responses to the Form Interrogatories and Request for Production of Documents propounded on them no later than November 1, 2018. If Plaintiffs did serve responses as contended in the Opposition, then those responses may be deemed as compliance with this order.

The request for sanctions is granted. Plaintiffs Josue Gonzalez and Lisa Dunn shall, jointly and severally, pay a single monetary sanction of $787.50 to Defendants Southern Glazers Wine & Spirits, Emkay Inc, and Christopher Oswald (collectively, not to each Defendant), no later than November 1, 2018, or one week after service of written notice of this ruling. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendant shall prepare a written order and judgment consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.