Judge: Kevin C. Brazile, Case: 22STCV36241, Date: 2024-09-18 Tentative Ruling

Hearing Date: September 18, 2024

Case Name: White v. Service All-Stars Energy, Inc., et al.

Case No.: 22STCV33249 

Matter: Motions for Sanctions (4x)

Moving Party: Plaintiff Victoria White

Responding Party: unopposed

Notice: OK

Ruling: The Motions are granted.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

This is an employment action.  

On December 8, 2024, he Court granted motions by Plaintiff Victoria White seeking to compel initial responses to her requests for production propounded on Defendants Service All-Stars Energy, Inc. and Faisal Lodhi.  The Court required responses within 30 days.

On February 14, 2024, the Court granted motions by Plaintiff Victoria White seeking to compel initial responses to her interrogatories propounded on Defendants Service All-Stars Energy, Inc. and Faisal Lodhi.  The Court required responses within 30 days.

White now seeks evidentiary, issue, and/or monetary sanctions because Defendants never provided responses.

“California discovery law authorizes a range of penalties for conduct amounting to ‘misuse of the discovery process.’ ” (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 991.)  Misuses of the discovery process include “[u]sing a discovery method in a manner that does not comply with its specified procedures” (Code Civ. Proc. § 2023.010(b)); “[f]ailing to respond or to submit to an authorized method of discovery” (id., subd. (d)); “[m]aking an evasive response to discovery” (id., subd. (f)); and “[d]isobeying a court order to provide discovery” (id., subd. (g).)

Code Civ. Proc. § 2023.030 authorizes a trial court to impose monetary sanctions, issue sanctions, evidence sanctions, or terminating sanctions against “anyone engaging in conduct that is a misuse of the discovery process.”  In selecting the appropriate sanction, a trial court “should consider both the conduct being sanctioned and its effect on the party seeking discovery,” and should tailor the sanction to fit the harm caused by the abuse of the discovery process.  (Doppes, supra, 174 Cal.App.4th at p. 992.)  “The trial court cannot impose sanctions for misuse of the discovery process as a punishment.”  (Ibid.)

Because there is no opposition, it seems that Defendants do not wish to participate in the discovery process.  Therefore, the Motion is granted, and the Court awards issue sanctions as requested.  The Court declines to award monetary sanctions.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.