Judge: Carolyn M. Caietti, Case: 37-2023-00011947-CU-BC-CTL, Date: 2024-03-14 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 07, 2024

03/08/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Breach of Contract/Warranty Discovery Hearing 37-2023-00011947-CU-BC-CTL SINKEY VS AVESAR [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendants' Amended Motion Requesting Monetary Sanctions is GRANTED.

This motion originally requested initial responses to discovery and sanctions. Defendants' amended notice of motion acknowledges Plaintiff served responses and that portion of the motion is now moot.

The issue of sanctions remain.

Courts 'may' award sanctions in favor of a party who files a motion to compel discovery even though the requested discovery was provided to the moving party after the motion was filed. (Cal. Rules of Court, rule 3.1348(a).) Plaintiff did not act with substantial justification in not providing the responses despite several extensions and representations she would respond, necessitating the filing of this motion. (ROA 31 - Declaration of Geoffrey Marr, at ¶¶ 3-14 & Ex. B-C; C.C.P., §§ 2023.030, 2031.300(b), 2030.290(c).) Despite Plaintiff's explanation for what is believed to have happened (Bowles Declaration), it does not explain why Plaintiff continued to maintain responses were forthcoming and her failure to meet the extension deadlines. The amount sought is warranted, substantiated and reasonable.

Thus, the motion as to discovery sanctions is GRANTED.

Plaintiff Karen Sinkey is ordered to pay monetary sanctions in the amount of $2,700 to Defendants by April 12, 2024.

If the tentative ruling is confirmed without modification, the minute order will be the Court's final order.

Defendants are ordered to serve written notice of the Court's final order on all appearing parties by March 12, 2024.

For future motions, the parties are reminded to comply with Department 70's Policies and Procedures and to provide courtesy copies of all motion paperwork.

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