Judge: Joel R Wohlfeil, Case: 37-2020-00017100-CU-MC-CTL, Date: 2023-09-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 28, 2023

09/29/2023  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Misc Complaints - Other Motion Hearing (Civil) 37-2020-00017100-CU-MC-CTL SUSAN COSTA VS. ROAD RUNNER SPORTS, INC. [E-FILE] CAUSAL DOCUMENT/DATE FILED: Motion for Terminating Sanctions, 07/19/2023

The Motion (ROA # 257) of Plaintiff Michael O'Connor, individually and in his role as a class representative on behalf of all others similarly situated ('Plaintiff') for an order imposing terminating sanctions against Defendants ROAD RUNNER SPORTS, INC. and ROAD RUNNER SPORTS RETAIL, INC. ('Defendants') by striking Defendants' Answer and affirmative defenses, entering default judgment against Defendants, and for monetary sanctions, is GRANTED IN PART and DENIED IN PART.

Although the Court has broad discretion to sanction a party for discovery abuses, terminating sanctions is a drastic penalty that should be used sparingly. Padron v. Watchtower Bible & Tract Society of New York, Inc. (2017) 16 Cal. App. 5th 1246, 1261.

The Court should consider both the conduct being sanctioned and its effect on the party seeking discovery, and in choosing a sanction should attempt to tailor the sanction to the harm caused by the withheld discovery. Doppes v. Bentley Motors, Inc. (2009) 174 Cal. App. 4th 967, 992.

The Court cannot impose sanctions for misuse of the discovery process as a punishment. Id. The discovery statutes utilize an incremental approach to discovery sanctions, starting with monetary sanctions and ending with the ultimate sanction of termination. Id. Discovery sanctions should be appropriate to the dereliction, and should not exceed that which is required to protect the interests of the party entitled to but denied discovery. Id. The dispute giving rise to this Motion revolves around the production of documents by Defendants pursuant to this Court's previous orders. Specifically, this dispute involves the voluminous production of electronic records after utilizing specified search criteria. Defendants have produced most of the requested records on a rolling basis, as well as a required privilege log. However, this production has been slower than anticipated and remains incomplete. In addition, Plaintiff argues that the privilege log fails to sufficiently describe the withheld documents.

Plaintiff raises serious issues with respect to the manner and speed of production, as well as whether the privilege log is inadequate. However, based on the evidence presented, the Court is not persuaded that Defendants have acted in bad faith. Terminating sanctions are generally reserved for a situation involving a complete breakdown of the discovery process in which a party acts in bad faith. This action has not reached this point and the part of the Motion seeking terminating sanctions is denied on this basis.

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2996965  7 CASE NUMBER: CASE TITLE:  SUSAN COSTA VS. ROAD RUNNER SPORTS, INC. [E-FILE]  37-2020-00017100-CU-MC-CTL On the other hand, this ruling does not foreclose the possibility of evidence and / or issue sanctions coupled with monetary sanctions. Targeted sanctions would be appropriate to the extent documents have not been produced that are necessary to prove any specific aspect or element. In addition, Plaintiff is entitled to certification from Defendants that their production is complete. If this is not forthcoming within a reasonable timeframe the Court may be persuaded to revisit this Motion.

Defendants' lack of diligence in complying with the Court's orders is without substantial justification. The rates of service reflected in the declaration of Attorney Johnson are reasonable. The services are reasonable and necessary. Defendants are directed to pay total sanctions in the amount of $30,000.

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