Judge: Mark H. Epstein, Case: 23SMCV02264, Date: 2024-11-25 Tentative Ruling

Case Number: 23SMCV02264    Hearing Date: November 25, 2024    Dept: I

This is a motion for terminating sanctions.  The court had been prepared to grant the motion, but on Friday, plaintiff submitted responses.  The court has not seen those responses, but if they comply with the court’s prior order, then terminating sanctions seem excessive.  That said, if they do not comply, the court anticipates that the defense will (after appropriate meet and confer assuming these responses are in good faith) bring another motion, and this time for sanctions other than monetary, and perhaps terminating sanctions again.  Defendants have requested monetary sanctions.  That request is GRANTED in the amount prayed of $1209.50, payable within 30 days.  The sanctions are imposed against plaintiff, but not counsel.  The court will also inquire of plaintiff as to why it has taken until now for plaintiff to respond to the discovery and to obey the court’s order.  The court warns plaintiff that the responses just served must not have been in bad faith.  That means that they should comply with the court’s prior orders and should not be dissembling or full of non-responses or objections.

The court is more than a little bit disappointed at plaintiff and counsel.  Should this continue, plaintiff can rest assured that the court has plenty of tools in its toolbox to deal with the situation appropriately.