Judge: Michael Small, Case: 23STCV14189, Date: 2024-11-18 Tentative Ruling

Case Number: 23STCV14189    Hearing Date: November 18, 2024    Dept: 57

Pending before the Court are four motions that Plaintiff filed seeking orders compelling Defendant to provide responses to various forms of discovery to which, as of the time the motions were filed, Defendant had responded solely with objections.  After Plaintiff filed the motions, Defendant provided responses to each of the forms of discovery that went beyond just objections.   Defendant's belated responses would appear to render moot Plaintiff's requests that responses be provided.  Defendant argued as much in its oppositions to the motions, and Plaintiff did not file reply briefs to suggest otherwise.  Defendant's responses do not, however, render moot Plaintiff's requests in each of the motions for orders imposing monetary sanctions against Defendant and its counsel in the form of the attorney's fees that Plaintiff incurred in connection with the motions.  Defendant's objections to Plaintiff's discovery requests were substantially justified, and therefore sanctions are not warranted based on the objections.  (Code of Civil Procedure Section 2023.010(e).)   In the Court's view, however, the record Plaintiff submitted with the motions demonstrates that Defendant delayed for an extended period in providing responses that it repeatedly committed would be provided.  This prolonged failure to respond constitutes a misuse of the discovery process for which sanctions are warranted.  (Code of Civil Procedure Section 2023.010(d).)  Plaintiff sought $11,040 in monetary sanctions for all four motions combined. That figure seems a bit inflated.  The work to prepare the motions was overlapping.  Given this redundancy, the Court is reducing the Plaintiff's sanction request by one-half.  Accordingly, the Court is awarding Plaintiff monetary sanctions of $5,520 for the attorney's fees and costs incurred in connection with the motions.  The order making this award is imposed on both Defendant and its counsel.  The monetary sanctions shall be paid by December 31, 2024.