Judge: Colin Leis, Case: BC714514, Date: 2023-04-18 Tentative Ruling

Case Number: BC714514    Hearing Date: April 18, 2023    Dept: 74

TABITHA LAWSON vs LOS ANGELES UNIFIED SCHOOL DISTRICT BC714514

Plaintiff’s motion filed March 20, 2023, for sanctions

Plaintiff’s motion misstates the record by asserting Rosidalia Villagran and Christina Sauverdez did not comply with the court’s August 18, 2022 discovery order that they appear for their depositions no later than November 15; in fact, they appeared on October 19, 2022, which Plaintiff belatedly concedes. Additionally, Defendant terminated Maria Ayestas almost 7 weeks before the November 15 deadline, thus releasing Ayestas from Defendant’s control to produce at deposition. As for witness Steven Byan, Defendant did not comply with the August 18 order to produce him for his deposition before November 15. Plaintiff’s counsel seeks $7,800 in attorney’s fees as discovery sanctions for Defendant’s failure to timely produce Byan. The record does not, however, support Plaintiff’s request for issue, evidentiary, or terminating sanctions for Byan’s failure to appear because a court must first impose lesser sanctions before escalating to greater sanctions. Given that Plaintiff’s motion lacked substantial justification for three of the four witnesses (egregiously so for two of those witnesses), the court awards Plaintiff a reduced attorney’s fee award for 4 hours of attorney time at the reduced rate of $450 per hour for a simple motion. The court orders Defendant to pay Plaintiff’s counsel $1,800 within 30 days of this order.