Cross-Complainant Toyaka Limited Motions to Compel Responses to Form Interrogatories, Special Interrogatories, and Request for Production and Request for Sanctions; Motion to Deem Facts Admitted
201600486824CUFR: Toyaka Limited vs Akrey 06/09/2026 in Department 21 CROSS-COMPLAINANT TOYAKA LIMITED MOTIONS TO COMPEL CROSS-DEFENDANT RAND AKREYS RESPONSES TO FORM INTERROGATORIES, SPECIAL INTERROGATORIES, AND REQUEST FOR PRODUCTION AND REQUEST FOR SANCTIONS UP TO AND INCLUDING DISCRETIONARY DISMISSAL; CROSS-COMPLAINANT TOYAKA LIMITED MOTION TO DEEM FACTS ADMITTED AND REQUEST FOR SANCTIONS UP TO AND INCLUDING DISCRETIONARY DISMISSAL
Tentative Rulings. Parties and counsel appearing for oral argument should address the tentative decision. Parties may submit on the tentative decision by email, with a copy to all other parties in the matter, to courtroom21@ventura.courts.ca.gov before 8:00 a.m. on the day set for the hearing, with a subject line that includes SUBMISSION ON TENTATIVE, Case Number, Title and Party. If fewer than all parties submit on the tentative, the hearing will proceed, and the tentative ruling is subject to change. The clerk cannot advise if you should still appear or not. The decision of whether to appear for a hearing is to be made by the parties and their counsel. (Dept. 21 Rules & Procedures, p. 4, § II.I.)
The following is a statement of the Courts tentative ruling. The Court may adopt, modify or reject the tentative ruling after hearing. The tentative ruling has no legal effect unless and until adopted by the Court.
Motions:
(1) Cross-Defendants Motion to Compel Responses to Form Interrogatories; (2) Cross-Defendants Motion to Compel Responses to Special Interrogatories; (3) Cross-Defendants Motion to Compel Responses to Requests for Production; and (4) Cross-Defendants Motion to Deem the Truth of the Matters in Requests for Admission Admitted
Tentative Ruling:
1. Counsel for Cross-Defendant is admonished for failing to file these motions as three separate motions, paying a separate filing fee for each motion. The Court exercises its discretion to allow the motions to proceed, but counsel is admonished to file these as separate motions in the future.
2. Cross-Defendants motions to compel are GRANTED. Cross-Complainant was served with the discovery requested but failed to respond. Cross-Defendant Rand Akrey is ordered to provide code compliant verified responses to Form Interrogatories, Special
201600486824CUFR: Toyaka Limited vs Akrey
Interrogatories, and Requests for Production of Documents, without objection no later than June 30, 2026.
3. Cross-Defendants motion to Deem the Truth of the Matters in the Requests for Admissions Admitted is GRANTED.
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4. Cross-Defendants request for sanction related to all four motions is GRANTED in FULL in the amount of $2,860, to be paid by Cross-Complainant Rand Akrey by June 30, 2026.
5. Cross-Defendants requests for dismissal are DENIED.
6. Cross-Defendants request to continue to the trial date is GRANTED. The 6/29/26 trial is continued to 12/14/26 at 1:30 p.m., with a 7-day estimate.
Counsel for cross-defendant is to give notice within 5 court days.
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