Judge: H. Jay Ford, III, Case: 22SMCV02704, Date: 2025-04-25 Tentative Ruling

Case Number: 22SMCV02704    Hearing Date: April 25, 2025    Dept: O

4-25-25 22SMCV02704 Moussavi MTC Compliance with Defendant Aguilera Agreement to produce docs

Plaintiffs Ramin Moussavi and Sarah Moussavis' Motion to Compel Compliance with Defendant Antonio Aguilera's agreement to produce documents and sanctions in the is GRANTED, in part.  Aguilera is ordered to produce and serve a verified statement of compliance for the production of (1) all text messages between Aguilera and Fifield including any of her agents, including Ms. Hutcheson from 2018 to the present; (2) all records of payments Aguilera received for gardening work at Fifield’s property including payments by Venmo and all checks received prior to July 2022; all within 10 days.  The Court finds that Defendant's belated and incomplete supplemental production is not substantial justification to deny Plaintiffs’ request for sanctions. However, the Court does find that the requested sanctions of $6,550.00 (10/hrs. @ $655/hr.) is excessive. (See In re Marriage of Moore (2024) 102 Cal.App.5th 1275, 1300 ["as with any request for sanctions, the trial court retains broad discretion to use rational methods to reduce a requested amount in order to reach a reasonable award"].) Therefore, the Court orders Defendant Antonio Aguilera to pay Plaintiff the reduced sanction amount of $1,965.00 (3/hrs. @ $655/hr.) within 10 days.

4-25-25 22SMCV02704 Moussavi MTC Compliance with Defendant Fifield Agreement to produce docs

Plaintiffs Ramin Moussavi and Sarah Moussavis' Motion to Compel Compliance with Defendant Randy Fifield agreement to produce documents and sanctions is GRANTED, in part. Aguilera is ordered to produce and serve a verified statement of compliance for the production of (1) all responsive emails between Fifield and the HOA from the email account randy@randyfifield.com; (2) All text responsive text messages between Fifield and Aguilera (whether under a dba or otherwise) and members of the HOA, and (3) all responsive documents maintained in Fifield’s file  at some time held in a remote office” related to the purchase of the 16300 property; all withing 10 days. The Court finds that Fifield’s Defendant's belated and incomplete supplemental production is not substantial justification to deny Plaintiffs’ request for sanctions. However, the Court does find that the requested sanctions of $7,860 is excessive. (See In re Marriage of Moore (2024) 102 Cal.App.5th 1275, 1300 ["as with any request for sanctions, the trial court retains broad discretion to use rational methods to reduce a requested amount in order to reach a reasonable award"].) Therefore, the Court orders Defendant Antonio Aguilera to pay Plaintiff the reduced sanction amount of $1,965.00 (3/hrs. @ $655/hr.) within 10 days.