Judge: Nathan R. Scott, Case: Durrani v. Doherty, Date: 2022-08-26 Tentative Ruling

Plaintiff Arash Durrani’s motion for sanctions is granted in part.

Defendant Brian Hauck shall comply with the 8/10/20 order compelling responses to plaintiff’s form interrogatories no later than 9/9/22.

The court continues this hearing to 9/16/22.  The parties shall file and serve supplemental briefs re defendant’s compliance no later than 9/14/22 at 3 pm.  If defendant has failed to comply, the court will issue an evidentiary sanction barring him from introducing at trial any evidence that would be responsive to the form interrogatories.

“The discovery statutes evince an incremental approach to discovery sanctions, starting with monetary sanctions and ending with the ultimate sanction of termination.  ‘Discovery sanctions “should be appropriate to the dereliction, and should not exceed that which is required to protect the interests of the party entitled to but denied discovery.”’”  (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992.) 

Imposing terminating sanctions would be disproportionate to the harm caused by defendant’s failure to respond to one set of form interrogatories.  It would place plaintiff in a much better position than if defendant had responded.

Plaintiff shall give notice.