Judge: Laura A. Seigle, Case: 20STCV46727, Date: 2023-08-23 Tentative Ruling

Case Number: 20STCV46727    Hearing Date: September 27, 2023    Dept: 15

[TENTATIVE] ORDER RE MOTION TO COMPEL FURTHER RESPONSES AND FOR SANCTIONS

            On August 30, 2023, Plaintiffs Ronald Carpenter and Patricia Carpenter filed a motion to compel Defendant Paccar Inc. to produce further responses to a request for production of documents and for sanctions.  The motion was set for hearing on September 27, 2023, after the September 25, 2023 trial date. 

            The discovery cutoff date and date for discovery have long passed.  If a party wishes to have a motion concerning discovery heard closer to the initial trial date or to reopen discovery after a new trial date as been set, that party must make the showing under Code of Civil Procedure section 2024.050.  Plaintiffs did not mention that section and did not make the showing required under that section.

            In addition, Plaintiffs seek sanctions under Code of Civil Procedure sections 2023.010 and 2023.030.  “A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought.  The notice of motion shall be . . .  accompanied by a declaration setting forth facts supporting the amount of any monetary sanction sought.”  (Code Civ. Proc., § 2023.040.)  Monetary sanctions are limited to reasonable attorney fees and expenses caused by the discovery abuse.  (Cornerstone Realty Advisors, LLC v. Summit Healthcare Reit, Inc. (2020) 56 Cal.App.5th 771, 790-791.) 

            Plaintiffs’ notice of motion did not specify the type of sanction sought.  Instead, Plaintiffs ask for monetary sanctions in the memorandum of points and authorities, but the accompanying declaration does not set forth facts supporting the amount of sanctions.  For example, the declaration does not state the amount of sanctions sought or the billing rate at with the declarant bills.

            The motion is DENIED.  The moving party is to give notice.