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CGC25631575·sf·Civil·Discovery
Hearing in about 5 hoursGRANTED; sanctions awarded

PHUOC HUU TRINH ET AL VS. ASJK, LLC DBA THE AVENUES TRANSITIONAL CARE CENTER ET AL

Notice Of Motion And Motion To Compel Further Responses To Form Interrogatories, Set One, From Defendant Asjk, Llc Dba The Avenues Transitional Care Center

Hearing date
Sep 8, 2026
Department
301
Prevailing
Plaintiff

Motion type

Browse all Motion to Compel Further Responses rulings statewide →

Monetary amounts referenced

$1300

Parties

PlaintiffPhuoc Huu Trinh
DefendantASJK, LLC DBA THE AVENUES TRANSITIONAL CARE CENTER

Ruling

SF Superior Court - Law & Motion / Discovery Dept 301 - CGC25631575 - September 8, 2026 Hearing date: September 8, 2026 Case number: CGC25631575 Case title: PHUOC HUU TRINH ET AL VS. ASJK, LLC DBA THE AVENUES TRANSITIONAL CARE CENTER ET AL Case Number: | | CGC25631575 | Case Title: | | PHUOC HUU TRINH ET AL VS. ASJK, LLC DBA THE AVENUES TRANSITIONAL CARE CENTER ET AL | Court Date: | | 2026-09-08 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion To Compel Further Responses To Form Interrogatories, Set One, From Defendant Asjk, Llc Dba The Avenues Transitional Care Center | Rulings: | | On the Law & Motion/Discovery calendar for September 8, 2026, line 9. PLAINTIFFS' Motion To Compel Further Responses To Form Interrogatories, Set One, From Defendant Asjk, LLC.

Plaintiffs Phuoc Trinh et al.'s ("Trinh") motion to compel defendant ASJK LLC to make further responses to form interrogatories, set one, numbers 12.1 and 12.6, is granted and sanctions are awarded.

Form interrogatory 12.1 asks for identifying information for each individual who witnessed the incident, made statements at the scene of the incident, etc. It has four discrete subparts. The incident here is a fall. ASJK responded by referring Trinh to the entire medical record, invoking Code of Civil Procedure, Sec. 2030.230. But an invocation of that section is ambiguous in this context and where the interrogatory has subparts; which witnesses does ASJK contend saw the fall? Which made a statement at the scene of the incident? Does ASJK contend that every person who treated Trinh is a witness to the incident? The response is not complete and straightforward, and moreover ASJK has not specified which records within the medical records contain responsive information. (See Fuss v. Superior Court for Los Angeles County (1969) 273 Cal.App.2d 807, 817.) ASJK shall amend.

Form interrogatory 12.6 asks if any report was made regarding the incident. ASJK's invocation of the entire medical record in response suffers from the same deficiencies just identified. ASJK shall amend. Verified amendments shall be made within 10 days of notice of entry of this order. ASJK's discovery position lacks substantial justification and it shall pay $1300 in reasonable sanctions to Trinh within 30 days of notice of entry of this order.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

The court no longer provides a court reporter in the Law & Motion or Discovery Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(301/CVA) | |

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