Judge: Blaine K. Bowman, Case: 37-2021-00031280-CU-TT-NC, Date: 2023-08-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - August 16, 2023

08/17/2023  01:30:00 PM  N-31 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  Toxic Tort/Environmental Discovery Hearing 37-2021-00031280-CU-TT-NC MASON VS LUND [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 04/19/2023

The four respective Motions to Compel Further Responses to Requests for Production of Documents brought by defendants Niels Lund and Alison Lowe (collectively, the Landlords or the Defendants) are GRANTED.

The Request for Monetary Sanctions across all four motions is GRANTED in the amount of $9,665.00.

Defendants are directed to submit an updated global proposed order as to all four motions prior to the hearing on this matter, which the Court will review and execute.

These four motions (each of which is with respect to one of four plaintiffs, namely, plaintiff Keary Mason, plaintiff MacKenzie Hamilton, plaintiff Kylie Mason, and plaintiff Cody Mason – collectively, the Tenants or Plaintiffs) came on-calendar for hearing on June 30, 2023. (ROA 201.) Prior to that hearing, this Court issued a detailed tentative ruling addressing the nature of the dispute and the size of the monetary sanctions being requested. (ROA 193.) However, at the hearing on this matter it became clear that Plaintiffs' efforts to respond to the discovery have been deficient and that defense counsel has been diligently engaging in order to remedy the issues. As such, this Court granted the underlying motions, but continued the issue of monetary sanctions to today (August 17, 2023) so that it could be addressed in light of any good faith efforts Plaintiffs and their counsel made to remedy the deficiencies and produce adequate discovery responses. It appears that Plaintiffs made some efforts to produce supplemental responses by the deadline imposed by this Court. However, Defendant's supplemental brief clarifies that further issues remain. Moreover, there seems to now be a throughline with regard to those deficiencies that Plaintiffs do not actually want to identify which records support their claims for which types of injuries. The complaint contains injuries that run the gamut and touch on Plaintiffs' circulatory systems, immune systems, reproductive systems, muscular systems, lungs, neurological systems, endocrinology systems, skin, respiratory systems as well as psychological issues like anxiety, depression, sleep, fatigue, cognitive issues, memory, emotional issues, bipolar disorder, autism, schizo-affective disorder, PTSD, anger and impulse control, anger or mood disorder, and drug abuse. The discovery process is designed to sort this all out, and Plaintiffs' failure to participate in that process is denying Defendants their legal right to prepare for trial. Plaintiffs also appear to be withholding information about their address to avoid subpoenas to a third-party boyfriend on grounds that Defendants are 'stalking' them.

Based on the overall conduct of the parties in this lawsuit, the Court does not find that allegation credible at this juncture. Moreover, the Court does not find Plaintiffs to be participating in the discovery process in good faith. Accordingly, the motions, and the attendant monetary sanctions, are granted in the full amount.

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2992207 CASE NUMBER: CASE TITLE:  MASON VS LUND [IMAGED]  37-2021-00031280-CU-TT-NC Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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2992207