Judge: Kevin C. Brazile, Case: 24STCV16785, Date: 2024-11-05 Tentative Ruling

Hearing Date: November 5, 2024

Case Name: Morales, et al. v. Benitez, et al.

Case No.: 20STCV34855

Matter: Motion for Contempt, etc.

Moving Party: Plaintiffs Laura Morales, Ana Barahona, and Marvin Martinez

Responding Party: Defendants Balubhai Patel Trust, Alkakumari Patel, Viren Ishwarlal Patel, 

Juan Hernandez, and Maria Hernandez

Notice: OK

Ruling: The Motion is granted only as to reduced monetary sanctions.  

Responses are to be provided within 30 days.  

Moving parties to give notice.

On March 13, 2023, the Court granted the motions to compel as to interrogatories and RPDs of Plaintiffs Laura Morales, Ana Barahona, and Marvin Martinez as to Defendants Balubhai Patel Trust, Alkakumari Patel, Viren Ishwarlal Patel, Juan Hernandez, and Maria Hernandez.  The Court stated that responses, without objections, are to be provided within twenty days.  

Plaintiffs now contend that Defendants never provided the aforementioned responses such that they should be held in contempt and subject to evidentiary, issue, and monetary sanctions.

Defense counsel states that he has not provided responses because his daughter and wife have had a series of medical issues since December 2023.  Defense counsel states that he would like additional time to provide responses.

Defense counsel fails to explain why he could not provide responses between March 2023 and December 2023.

In any case, issue and evidentiary sanctions are not meant to be punitive.  To the extent that counsel will provide responses, these sanctions are denied.  Again, responses, without objections, are to be provided within 30 days.

The Court also, in the exercise of its discretion, declines to hold Defendants in contempt.  

On the other hand, the Court will award reduced monetary sanctions in the amount of $1,500.

The Motion is granted in part as set forth herein.

Moving parties to give notice.