Judge: Daniel M. Crowley, Case: 21STCV26757, Date: 2023-02-15 Tentative Ruling

Case Number: 21STCV26757    Hearing Date: February 15, 2023    Dept: 28

Defendant Los Angeles Dodgers, LLC’s Motion for Sanctions

Having considered the moving papers, the Court rules as follows. 

BACKGROUND

On July 21, 2021, Plaintiffs Jennifer Brusick (“Jennifer”), Richard Brusick (“Richard”) and Jake Brusick (“Jake”) filed this action against Defendants Los Angeles Dodgers (“LAD”), Los Angeles Dodgers, LLC (“LAD LLC”), Los Angeles Dodgers Holding Company LLC (“LADHC”), Guggenheim Baseball Group (“GBG”) and Frank McCourt (“McCourt”) for negligence, negligence-premises liability, negligent infliction of emotional distress and loss of consortium.

On January 12, 2022, LAD LLC and LADHC filed an answer.

On December 15, 2022, LAC LLC filed a Motion for Sanctions to be heard on February 15, 2023.

Trial is currently set for June 21, 2023

PARTY’S REQUESTS

LAD LLC requests the Court order Plaintiffs provide verifications to served discovery, Plaintiffs pay $3,321.57 in sanctions to LAD LLC and issue evidentiary or issue sanctions.

LEGAL STANDARD

Under CCP § 2023.030, “[t]he court may impose an issue sanction ordering that designated facts shall be taken as established in the action in accordance with the claim of the party adversely affected by the misuse of the discovery process. The court may also impose an issue sanction by an order prohibiting any party engaging in the misuse of the discovery process from supporting or opposing designated claims or defenses.” The Court may also impose evidence sanctions, “by an order prohibiting any party engaging in the misuse of the discovery process from introducing designated matters in evidence.” Either may be imposed against a party engaging in misuse of the discovery process.

Misuses of the discovery process include but are not limited to persisting in attempting to obtain information outside the scope of discovery, using a non-compliant discovery method, employing a discovery method to harass or embarrass, failing to respond to discovery, making meritless objections to discovery, giving evasive responses to discovery, disobeying a court order, and unsuccessfully making or opposing a motion to compel or limit discovery. CCP § 2023.010.

The Court may also impose monetary sanctions against one engaging in the misuse of the discovery process. (CCP § 2023.030(a).)

DISCUSSION

On November 4, 2022, the Court ordered Plaintiffs to provide verified code-compliant discovery responses within 30 days of the hearing on the motion. Plaintiff has yet to provide verifications to the court ordered responses—the Court finds grounds for monetary sanctions, for Plaintiffs misuse of the discovery process.

LAD LLC requests sanctions totaling $3,321.57, based on 9.8 hours of attorney’s work at a rate of $300.00 per hour, one $61.65 reservation fee and a $19.92 filing fee. Attorney’s work is based on 5.8 hours drafting the motion and 4 hours drafting a reply and appearing at the hearing on the motion. First, the Court notes this motion is unopposed. The Court also is unaware of any additional $19.92 filling fees. The Court grants sanctions totaling $961.65, based on 3 hours of attorney’s work.

LAD LLC also requests evidentiary and issue sanctions. Given that Plaintiffs have provided responses, the Court does not find a basis for evidentiary or issue sanctions at this time. Plaintiffs need to provide verifications; however, they have otherwise substantially complied with Court orders. There is no indication that issue or evidentiary sanctions are necessary to make Plaintiffs comply with Court orders.

CONCLUSION

Defendant Los Angeles Dodgers, LLC’s Motion for Sanctions is GRANTED as toa an order compelling verified discovery responses and monetary sanctions. Plaintiff is to provide verifications to the subject discovery within 7 days of this order.  The Court also orders Plaintiffs and Plaintiffs’ counsel to pay LAD LLC $961.65 in sanctions within 30 days of the hearing on the motion.

Defendant Los Angeles Dodgers, LLC’s Request for Issue and Evidentiary Sanctions is DENIED, without prejudice.

            Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.