Judge: Kevin C. Brazile, Case: 23STCV19453, Date: 2024-12-05 Tentative Ruling

Hearing Date: December 5, 2024

Case Name: Hernandez v. General Motors, LLC, et al.

Case No.: 23STCV00366 

Matter: Motion for Sanctions

Moving Party: Plaintiff Miguel Hernandez

Responding Party: Defendant General Motors LLC

Notice: OK

Ruling: The Motion is granted only as to monetary sanctions in the amount of 

$1,200.

Moving party to give notice.

The Court encourages all parties to appear remotely via LA CourtConnect.  If submitting on the Court's tentative ruling, please follow the instructions provided above.

This is a lemon law matter.  

On July 1, 2024, the Court granted Plaintiff Miguel Hernandez’s motion to compel further responses from Defendant General Motors, LLC with respect to special interrogatories.

Plaintiff now seeks issue, evidentiary, and/or monetary sanctions because Defendant failed to provide further responses in compliance with the Court’s July 1, 2024, discovery order.

“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 Defendant indicates that further responses have now been provided, the Court will not award issue or evidentiary sanctions.

With respect to monetary sanctions, Plaintiff requests $2,522.85.  The Court will award reduced sanctions in the amount of $1,200.

The Motion is granted in part as set forth herein.

Moving party to give notice.