Judge: H. Jay Ford, III, Case: 22SMCV02002, Date: 2024-07-16 Tentative Ruling

Case Number: 22SMCV02002    Hearing Date: July 16, 2024    Dept: O

  Case Name:  Cherico v. Massaji, et al.

SUBJECT:                 MOTION FOR ISSUE AND MONETARY SANCTIONS

MOVING PARTY:   Plaintiff Ann Cherico

RESP. PARTY:         Defendant Chateau Bretana, LP

TENTATIVE RULING

            Plaintiff Ann Cherico’s Motion for Monetary Sanctions in the amount of $1,717.60 is GRANTED. The Court orders Defendant Chateau Bretana, LP ordered to produce the June 2021 mold test or provide a statement of inability to comply with the request pursuant to CCP § 2031.230. The Court orders Defendant Chateau Bretana, LP to pay sanctions in the amount of $1,717.60 (Greer Decl., ¶ 13; 3.8 hrs @ $452/hr.)

Plaintiff served RFPs on 9-21-23, Defendant provided initial responses on 10-23-23. (Greet Decl., ¶¶ 2, 3, Ex. A, B.) Defendant provided supplemental responses on 11-27-23 after Plaintiff sent and meet and confer email on 10-27-23. (Greer Decl., ¶¶ 4, 5, Ex. C, D.) The Parties met and conferred again on 11-16-23 via a phone conversation where Defendant agreed to provide, and did provide, additional supplemental responses by 11-27-23. (Greer Decl., ¶¶ 6, 7. Ex. F.) Plaintiff’s motion to compel further responses to RFPs was granted on 3-28-24, Defendants partially supplemented their RFPs on 4-12-24, and then submitted more responses to RFPs on 7-2-24 along with the opposition to this motion. (See 3-28-24 Minute Order; Greer Decl., ¶ 10, Ex. K, I; Torsney Decl., ¶ 2, Ex. A.) Plaintiffs argue Defendants produced the July and August mold tests, but still have not produced the June 2021 test in their 7-2-24 supplemental responses. (See Reply, pp. 2–3.)

Defendants are ordered to produce the June 2021 mold test or provide a statement of inability to comply with the request pursuant to CCP § 2031.230. Defendant filed supplemental responses in response to this motion being filed and thus are ordered to pay sanctions in the amount of $1,717.60 (3.8 hrs. @ $452/hr.) pursuant to Cal. Rules of Court Rule 3.1348. The Court will not honor Plaintiff’s request to triple the monetary sanctions as no authority is provided to show that this type of request is warranted. Furthermore, issue and evidentiary sanctions are not warranted at this stage.