Judge: David A. Hoffer, Case: 30-21-01191973Goldmannvs.Wesley, Date: 2022-08-01 Tentative Ruling

Plaintiff Ray Goldman’s (“Plaintiff”) motion for further discovery sanctions against defendant William I. Wesley (“Defendant”) is GRANTED IN PART AND DENIED IN PART.

Plaintiff’s requests for evidentiary, issue, and terminating  sanctions are denied as defendant is now represented by counsel and complying with discovery.  (See Dep't of Forestry & Fire Prot. v. Howell (2017) 18 Cal. App. 5th 154, 191.) (“[U]nder the statutory scheme, trial courts should select sanctions tailored to the harm caused by the misuse of the discovery process and should not exceed what is required to protect the party harmed by the misuse of the discovery process”)).  Furthermore, the defendant has provided some reasons for his initial delay given his age and ill health.  Finally, there is little prejudice to plaintiff from the delay as trial his already been continued to October 31, 2022.    

Plaintiff’s request for further monetary sanctions is granted in the requested amount of $3,490.  The court imposes these sanctions because of the length of the delay (over 10 months) and the fact that this motion was filed before defendant retained counsel and produced any discovery responses at all.

Defendant is advised that further discovery violations may result in evidentiary, issue, or terminating sanctions. 

Defendant is ordered to pay the monetary sanction in 60-days from the date of this ruling.

The plaintiff is ordered to give notice of this ruling.