Judge: Donald F. Gaffney, Case: "Lightspeed Fine Art, Inc. v. Poets Road, LLC", Date: 2022-11-02 Tentative Ruling

TENTATIVE RULING:

Motion for Terminating Sanctions

Plaintiff Lightspeed Fine Art, Inc. moves for terminating sanctions and monetary sanctions against Defendant Wizard Brands, Inc. For the following reasons, the motion is DENIED in part and GRANTED in part. Plaintiff’s request for terminating sanctions is denied. Plaintiff’s request for monetary sanctions is GRANTED in the total amount of $1,660.00.

On April 20, 2022, the court ordered Defendant Wizard Brands, Inc. to serve verified responses without objection to Plaintiff’s Form Interrogatories and Requests for Production of Documents within 30 days of notice of ruling. (ROA No. 64, [04/20/22 Minute Order].) Plaintiff’s counsel served notice of the ruling on Defendant on May 5, 2022. (Buckley Decl. ¶ 2, Ex. 2.) Defendant’s counsel has not responded. (Buckley Decl. ¶ 3.)

The discovery statutes evince an incremental approach to discovery sanctions, starting with monetary sanctions and ending with the ultimate sanction of termination. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992.) If a lesser sanction fails to curb misuse, a greater sanction is warranted: continuing misuses of the discovery process warrant incrementally harsher sanctions until the sanction is reached that will curb the abuse. (Id.)

The court does not find that the record here supports terminating sanctions. Plaintiff’s motion does not set forth substantial evidence of Defendant’s continuous obstructive and willful conduct in the discovery process warranting the ultimate sanction. A lesser sanction is appropriate. Plaintiff’s request for monetary sanctions is granted. Defendant Wizard Brands, Inc. shall pay sanctions in the total amount of $1,660.00 to Plaintiff Lightspeed Fine Art, Inc. within 30 days of service of notice of ruling. (Code Civ. Proc., § 2023.030.)

Defendant Wizard Brands, Inc. is ordered to fully comply with the court’s April 20, 2022, Order. If it has not done so, Defendant is ordered to serve verified responses to the outstanding Form Interrogatories and Requests for Production of Documents within 15 days of service of notice of ruling.

The court warns that Defendant’s failure to comply with its discovery obligations may result in more severe sanctions, including terminating sanctions.

Plaintiff to give notice.