Judge: Lee W. Tsao, Case: 21NWCV00227, Date: 2023-02-21 Tentative Ruling

Case Number: 21NWCV00227    Hearing Date: February 21, 2023    Dept: C

ORTEGON v. CORTAZAR, et al.

CASE NO.:  21NWCV00227

HEARING:  2/21/23 @ 9:30 AM

#1

TENTATIVE RULING

I.             Plaintiff Ortegon’s unopposed motion for order compel inspection of tangible things is GRANTED.  Defendant Carolina Cortazar is ordered to provide responses, without objections, within 10 days.

II.            Plaintiff Ortegon’s unopposed motion for order compel inspection of tangible things is GRANTED.  Defendant Steven Mitchell is ordered to provide responses, without objections, within 10 days.

III.          Plaintiff Ortegon’s unopposed motion for order compel inspection of tangible things is GRANTED.  Defendant Carlos Sandoval is ordered to provide responses, without objections, within 10 days.

Reduced sanctions are imposed against Defendants and counsel, jointly and severally, in the reasonable sum of $2,000.00, payable within 30 days.

Moving Party to give NOTICE.

Plaintiff Ortegon moves to compel responses to demand for inspection of tangible things pursuant to CCP § 2031.300. 

CCP § 2031.300(b) allows the propounding party to file a motion to compel responses to document demands if a response has not been received.  If responses are untimely, responding party waives objections.  (CCP §  2031.300(a).) 

On August 24, 2022, Plaintiff served demands for inspection on Defendants.  Defendants failed to serve timely responses.  Accordingly, the motions are GRANTED.  Defendants are ORDERED to respond to the demands for inspection, without objections, within 20 days. 

Sanctions:  CCP §§ 2023.010(d) and 2031.300(c) authorize the court to impose sanctions for failure to respond to discovery without substantial justification.  

Sanctions are warranted because Defendant failed to serve timely responses. The court finds Plaintiff’s total request of $5,464.38 is excessive.  Instead, reduced sanctions are imposed against Defendants and counsel, jointly and severally, in the reasonable sum of $2,000.00, payable within 30 days.