Judge: Craig Griffin, Case: "Irvani v. Conway, et al.", Date: 2023-08-21 Tentative Ruling

Defendant Annette Conway’s (“Conway”) Motion for Terminating, Evidentiary and/or Monetary Sanctions against Plaintiff Sepideh Irvani (“Irvani”) is CONTINUED to September 11, 2023, at 2:00 p.m. in this department.

Sanctions are warranted when there are “[m]isuses of the discovery process,” such as “[f]ailing to respond or to submit to an authorized method of discovery” or “[d]isobeying a court order to provide discovery.” (C.C.P. §§ 2023.010; 2023.030.) Code of Civil Procedure section 2031.310(i) [re RFPs] provides that if a party fails to obey an order compelling discovery responses, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction, and/or monetary sanctions.

Conway seeks sanctions against Irvani for Irvani’s alleged failure to comply with this Court’s May 23, 2022 Order to produce documents.  (ROA 157.) 

The declaration of Conway’s counsel, Richard Spirra, at ROA 217 purports to attach 18 exhibits (Exhibits A-R) in support of the motion.  However, no exhibits are attached to the declaration.  Thus, the Court is unable to review the evidence in support of the motion.  Accordingly, the Court will continue this motion to the above date. 

Conway is ordered to file a revised declaration that attaches all of the exhibits referenced in Conway’s motion, within 5 days.

In light of the Court’s ruling, the Court deems it appropriate to continue the trial date in this matter.  The parties should be prepared to discuss mutually agreeable dates for a trial continuance at the hearing. 

Counsel for Conway is to give notice.