Judge: Carolyn M. Caietti, Case: 37-2023-00018627-CU-BT-CTL, Date: 2024-05-10 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 09, 2024

05/10/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Business Tort Discovery Hearing 37-2023-00018627-CU-BT-CTL STEALTH MONITORING INC VS LYNCH [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 10/04/2023

Plaintiff Stealth Monitoring Inc.'s unopposed Motion to Compel Compliance with Requests for Production of Documents, Set One; and Request for Sanctions is GRANTED IN PART AND DENIED IN PART.

In these motions, Plaintiff seeks an order compelling compliance for Defendant's failure to produce documents in accordance with his statements of compliance to Nos. 1-4, 7, 9, 11-12, 14-17 and 19.

(C.C.P., § 2031.320 ['If a party filing a response to a demand for inspection, ... under Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280 thereafter fails to permit the inspection... in accordance with that party's statement of compliance, the demanding party may move for an order compelling compliance.'].) Here, despite representations from Defendant's counsel that the documents were forthcoming, Defendant did not serve documents as indicated in Defendant's responses. An order requiring Defendant to comply is warranted.

Plaintiff also requests sanctions of $5,354 [discounted rate of $645 x 5.2 hours + $2,000 in anticipated reply fees]. The Court 'shall' award sanctions. (C.C.P., § 2031.320(b).) Defendant does not offer any substantial justification or circumstances that make the imposition of the sanction unjust. This motion would not have been necessary had Defendant responded in compliance with C.C.P. section 2031.210, et seq and made a full and complete production at the time his responses were served. Plaintiff did a lot of work to try to gain cooperation and those efforts were ignored. However, the request will be reduced by the $2,000 in anticipated fees as Plaintiff did not file a reply.

Concluding Orders For these reasons, the motions are GRANTED IN PART AND DENIED IN PART.

Defendant Robert James Lynch is ordered to comply with its statements of compliance in his Responses to Request for Production of Documents, Set One, Nos. 1-4, 7, 9, 11-12, 14-17 and 19 and to produce responsive documents by May 24, 2024.

Defendant Robert James Lynch is ordered to pay Plaintiff monetary sanctions in the amount of $3,354 by June 7, 2024.

If the tentative ruling is confirmed without modification, this minute order will be the final order of the Court. Plaintiff is ordered to serve written notice of the Court's final order on all parties by May 14, 2024.

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