Judge: Mark H. Epstein, Case: 21SMCV00085, Date: 2024-01-23 Tentative Ruling

If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling. Please call the court no later than 4:30 p.m. on the court day before the hearing, leave a message with the court clerk at (310) 260-3629 advising her that all parties will submit on the tentative ruling and waive hearing, and finally, serve notice of the Court's ruling on all parties entitled to receive service. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing.

Case Number: 21SMCV00085    Hearing Date: March 4, 2024    Dept: I

The motions to compel are GRANTED.  The request to hold defendant in contempt is DENIED.  The request for sanctions is GRANTED in the joint and several amount of $7849.43 as against both defendants and for an additional $1000 against Chayes. The court declines to award the additional sanctions requested by the February 26, 2024, declaration as the court believes doing so would deny defendants of due process.

This is a breach of lease action against Chayes and Lei.  On January 23, 2024, the court granted plaintiff’s motion to compel depositions, written responses to discovery, and the production of documents.  The court also sanctioned Chayes in the amount of $6790.93.  Even so, defendants seemingly ignored the orders.  They did not appear at their noticed depositions, they have not provided discovery responses or documents, and they have not paid the sanctions.  This motion follows.

There is no opposition to the motion, strongly suggesting that defendants have given up the fight.  But that said, the court cannot grant issue sanctions because there is no separate statement to compile and relate the discovery requests to the issue sanctions sought.  (Cal.  R. Ct. 3.1345.)  The court will not find defendants in contempt.  That is a criminal proceeding and it will have the effect of essentially staying the case.  There is a trial coming up and a stay is not appropriate.

Because plaintiff has made out its case on the merits, though, the court ORDERS defendants to appear for their deposition without fail.  Plaintiff may notice the deposition for each defendant for any time between March 11 and March 18 so long as it is a business day and so long as the notice is served no later than March 6, 2024 at 6:00 pm (personally or electronically).  Further discovery responses will be served no later than March 11 at noon.  They are to be served personally or electronically.  The responses will be verified and without objection and in full compliance with the Code of Civil Procedure.  Documents will be produced at the same time in the same manner.  The failure to comply with this order will likely cause the court to be inclined to grant a subsequent motion for terminating sanctions.