Department 30, Spring Street Courthouse

January 12, 2023

21STCV40268

Plaintiff’s Motion to Compel Further Responses to Plaintiff’s Request for Production (Set One) and Request for Production

This motion concerns Requests Nos. 47 through 49.

For the reasons set forth by Plaintiff, the motion is granted with the limitations set forth in Plaintiff’s reply at page four.   

Defendant is ordered to serve verified further responses and to produce the requested documents within 20 days after the date of this order.  

These documents shall be subject to the Protective Order that has been agreed upon by the parties. 

Plaintiff requests sanctions against Defendant in the amount of $9,465 (19 hours of attorney time at $495 per hour plus the $60 filing fee). 

Code of Civil Procedure Section 2031.310(h) provides that the court shall impose a monetary sanction against any party who unsuccessfully opposes a motion to compel further, unless the court finds that the party opposing acted with substantial justification of that other circumstances make the imposition of sanctions unjust. Here, the Court does not find that the party opposing acted with substantial justification or that other circumstances make the imposition of sanctions unjust. This is clearly a situation where a protective order would address any privacy concerns raised by Defendant. Plaintiff agreed that the items would be subject to a protective order and also agreed to limitations on the requests themselves. 

The Court awards sanctions, but finds that the amount requested is excessive.  The Court awards sanctions in the amount of $2,160 (seven hours of attorney time at $300 per hour plus $60 motion fee).  Sanctions are due within 20 days after the date of this order.