Judge Lee W. Tsao, Case Number: 21NWCV00062, Date: 2023-09-13 Tentative Ruling

Judge: Lee W. Tsao, Case: 21NWCV00062, Date: 2023-09-13 Tentative Ruling

Case Number: 21NWCV00062 Hearing Date: January 3, 2024 Dept: C

global med group v. kaiser

CASE NO.: 21NWCV00062

HEARING: 1/3/24 @ 9:30 AM

Defendant’s request for issue, evidence, and terminating sanctions is DENIED. Defendant’s request for monetary sanctions is GRANTED in part.

Moving Party to give NOTICE.

Defendant Kaiser Permanente (Defendant) seeks issue, evidence, terminating, and monetary sanctions against Plaintiff Global Med Group, LLC (Plaintiff) for its failure to comply with this Court’s previous order.

Background

Plaintiff filed a Complaint against Defendant for an alleged breach of contract arising out of an order of 20,188,000 protective face masks in 2020.

Legal Standard

If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. (CCP § 2025.450(h); § 2030.290(c); § 2031.300(c).) “To the extent authorized by the chapter governing any particular discovery method … the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose … [monetary, issue, evidence, or terminating] sanctions against anyone engaging in conduct that is a misuse of the discovery process ….” (CCP § 2030.030.) “Misuses of the discovery process include, but are not limited to, the following: … (d) Failing to respond or to submit to an authorized method of discovery … (g) Disobeying a court order to provide discovery ….” (CCP § 2030.010.)

“The trial court may order a terminating sanction for discovery abuse ‘after considering the totality of the circumstances: [the] conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.’ ” (Los Defensores, Inc. v. Gomez (2014) 223 Cal.App.4th 377, 390, quoting Lang v. Hochman (2000) 77 Cal.App.4th 1225, 1246.) “Generally, ‘[a] decision to order terminating sanctions should not be made lightly. But where a violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules, the trial court is justified in imposing the ultimate sanction.’ ” (Los Defensores, supra, 223 Cal.App.4th at 390.)

Discussion

Defendant requests monetary, issue, evidence, and terminating sanctions for Plaintiff willfully disobeying this court’s September 13, 2023 order requiring Plaintiff to produce documents it agreed to produce in response to Defendant’s Requests for Production (set one). Responses to those requests included documents related to damages which are the core of this contract dispute.

Issue, evidence, and terminating sanctions are not warranted because Plaintiff has complied with its discovery obligations. While Plaintiff was late in complying with its discovery obligation, Plaintiff has produced the responsive documents previously sought. (Opposition p. 9.) Therefore, issue, evidence, and terminating sanctions are not appropriate.

However, monetary sanctions are appropriate for the misuse of the discovery process by disobeying a court order. Plaintiff stated in its opposition to the underlying Motion to Compel that it was waiting on documents from its Chinese supplier. Upon this representation, the Court declined to award monetary sanctions at the hearing on the underlying Motion to Compel. However, Plaintiff produced documents that were within its possession since 2020. (Ho Decl. in Reply, Ex. F.) Sanctions are awarded in the amount of $3060.00, which reflects the time and expense expended by Defendant in bringing the instant motion.

Accordingly, Defendant’s request for issue, evidence, and terminating sanctions is DENIED. Monetary sanctions are imposed against Plaintiff Global Med Group, LLC and its counsel of record, jointly and severally, in the amount of $3060.00, payable within 30 days of this Order.