Judge: Michael P. Linfield, Case: 21STCV32367, Date: 2022-12-21 Tentative Ruling

Case Number: 21STCV32367    Hearing Date: December 21, 2022    Dept: 34

SUBJECT:         Motion for Issue, Evidentiary, Monetary, and/or Terminating Sanctions for Defendant’s Failure to Comply with the Court’s August 23, 2022, Order Re Plaintiff’s Request for Production of Documents (Set One) and Special Interrogatories (Set One)

Moving Party:  Plaintiffs Santos Puac and Viviana Ibarra

Resp. Party:    Defendants Nissan North America, Inc.

Plaintiffs’ Motion is GRANTED in part. Sanctions are AWARDED for Plaintiffs and against Defendant and its Counsel, jointly and severally, in the total amount of $500.00. All other requests for sanctions are DENIED.

BACKGROUND:

On September 1, 2021, Plaintiffs Santos Puac and Viviana Ibarra filed their Complaint against Defendant Nissan North America, Inc. on causes of action involving the Song-Beverly Consumer Warranty Act.

On October 4, 2021, Defendant filed its Answer.

On August 23, 2022, the Court issued its Order granting in part Plaintiffs’ motion to compel further responses to their special interrogatories, set one and motion to compel further responses to their requests for production of documents, set one.

On November 16, 2022, Plaintiffs filed their Motion for Issue, Evidentiary, Monetary, and/or Terminating Sanctions for Defendant’s Failure to Comply with the Court’s August 23, 2022, Order Re Plaintiff’s Request for Production of Documents (Set One) and Special Interrogatories (Set One) (“Motion”). Plaintiffs concurrently filed: (1) Declaration of Pouyan Bohloul; (2) Separate Statement; and (3) Proof of Service.

On December 8, 2022, Defendant filed its Opposition. Defendant concurrently filed: (1) Declaration of Michael C. Yu; and (2) Separate Statement.

On December 14, 2022, Plaintiff filed its Reply.

ANALYSIS:

I.           Legal Standard

If a party fails to obey an order compelling further response to interrogatories or requests for production of documents, “the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of, or in addition to, that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).” (Code Civ. Proc., §§ 2030.300, subd. (e), 2031.310, subd. (i).)

II.        Discussion

Plaintiffs move the Court for sanctions because “Defendant has failed to provide any supplemental verified responses to Special Interrogatories and has failed to complete document production related to Requests for Production of Documents since the Court’s ruling.” (Motion, pp. 1:26–28, 2:1–2, emphasis omitted.)

        Defendant claims to have followed up with responses on November 7, 2022, November 22, 2022, November 29, 2022, and December 5, 2022. (Opposition, pp. 4:25–26, 5:1–9.)

        In their Reply, Plaintiffs do not dispute receiving Defendant’s productions, although they argue Defendant should still be sanctioned and that the following items remain in dispute: (1) Request for Production Nos. 9 and 11; and (2) Special Interrogatory No. 43. (Reply, p. 2:2–4.)

        As Defendant has been actively producing responses to the discovery propounded and compelled, the Court does not have evidence before it that would suggest issue, evidentiary, or terminating sanctions are appropriate at this time.

        But Defendant only began its production of these responses more than two months after the Court ordered Defendant to produce the responses. That is an unreasonable delay, and monetary sanctions are appropriate here.

        Plaintiffs’ Counsel declares that the total amount of fees and costs spent on this matter is $6,123.30. (Decl. Bohloul, ¶¶ 25–26.) However, Plaintiffs’ Counsel only requests a reduced amount of $500.00 in sanctions. (Id. at ¶ 27.) The Court finds that this is a reasonable amount of sanctions.

The Court GRANTS in part Plaintiffs’ Motion. The Court AWARDS sanctions for Plaintiffs and against Defendant and its Counsel in the total amount of $500.00. The Court DENIES all other requests for sanctions. 

III.     Conclusion

Plaintiffs’ Motion is GRANTED in part. Sanctions are AWARDED for Plaintiffs and against Defendant and its Counsel, jointly and severally,  in the total amount of $500.00. All other requests for sanctions are DENIED.