Judge: Mark H. Epstein, Case: 23SMCV05631, Date: 2024-08-02 Tentative Ruling
Case Number: 23SMCV05631 Hearing Date: August 2, 2024 Dept: I
The unopposed motions to compel are GRANTED. Sanctions against plaintiff are GRANTED in
the amount of $320.00 for all motions combined.
This is a personal injury case. Defendants served written discovery but
received no responses. There is no
opposition to the motions. Given that
there is no opposition, no justification has been shown for ignoring the
discovery. Verified responses to the
discovery will be served without objection other than privilege within 30
days. Documents and a privilege log (if
any) will be served at the same time. As
to sanctions, the reason for the low amount is that it appears that counsel
never reached out to plaintiff to inquire as to whether responses would be
forthcoming or why they had not been served other than by sending a form
letter. There was not so much as a phone
call to see what was going on. Because the
court believes a simple phone call might have obviated the need for this
motion, sanctions in the amount of $100.00 per motion plus the filing fees will
be awarded. The number is low because
sanctions, though mandatory, must be both reasonable and necessary. The lack of any serious attempt to work this
out informally causes the court to doubt that the amount requested was
necessary. (It would have been $10.00
per motion but for the letter).