Judge: Olivia Rosales, Case: 21NWCV00227, Date: 2022-09-01 Tentative Ruling

Case Number: 21NWCV00227    Hearing Date: September 1, 2022    Dept: SEC

ORTEGON v. CORTAZAR

CASE NO.:  21NWCV00227

HEARING:  09/01/22

JUDGE:  OLIVIA ROSALES

#6

TENTATIVE ORDER

Plaintiff’s unopposed Motion for Issue Sanctions is DENIED without prejudice. Plaintiff’s unopposed Motion for Monetary Sanctions is GRANTED in part.

Moving Party to give Notice.

This matter was continued from August 11, 2022 to September 1, 2022 in order to afford Defendant the opportunity to file an Opposition by no later than August 24, 2022. Notwithstanding, no Opposition has been filed as of August 30, 2022. 

Plaintiff moves for an order imposing issue and/or monetary sanctions against Defendant CAROLINA CORTAZAR.

The Court may impose monetary, issue, evidence, and terminating sanctions against anyone engaging in conduct that is a misuse of the discovery process. (CCP §2023.030.) Misuses of the discovery process include failing to respond or to submit to an authorized method of discovery and disobeying a court order to provide discovery. (CCP §2023.010(d) and (g).)

Plaintiff submits evidence showing that Defendant Cortazar has engaged in a misuse of the discovery process. Specifically, Plaintiff proffers undisputed evidence showing that Defendant Cortazar failed to comply with this Court’s March 24, 2022 Discovery Order. (D’Amico Decl., Exs. A and B.)

Based on the foregoing, Plaintiff’s unopposed Motion is GRANTED in part. Plaintiff’s request for monetary sanctions is granted in the reduced amount of $2585.17 ($375/hr. x 6 hrs.) (costs $85.17 + $250).

Plaintiff’s request for issue sanctions is DENIED without prejudice. The Court finds that Plaintiff fails to demonstrate the propriety of such a harsh and punitive sanction at this stage, where the March 24, 2022 Order is the only Order which Defendant has failed to comply with. In addition, the Court does not find that issue sanctions are warranted at this time in light of the fact that Defendant Cortazar has not completely refused to comply with the discovery process in this action. There appears to have been some partial compliance where some of Defendant Cortazar’s responses to discovery requests were served on April 14, 2022. (See 07/07/22 Order.)

The Court will however ORDER Defendant CORTAZAR to comply with this Court’s March 24, 2022 Order requiring CORTAZAR to allow Plaintiff’s attorney to enter the Property located at 12418 Bombardier Avenue, Norwalk, California 90650-2409 (“Premises”) for the purpose of inspecting and photographing that portion of the Premises formerly occupied by Plaintiff by no later than 30 days from the date of the Court’s issuance of this Order.

Defendant Cortazar is advised that failure to comply with this Order or further discovery abuse may result in additional sanctions, including monetary, evidentiary, issue, or terminating sanctions.