Judge: Peter Wilson, Case: 2022-01283083, Date: 2023-08-24 Tentative Ruling

Plaintiff Christopher Parker seeks orders compelling Defendants Richard Downes (Downes) and Style Bath & Mirror Inc. (Style Bath) (collectively Defendants) to each produce, without objection, clear and legible copies of the documents requested in Plaintiff’s Deposition Subpoena for Production of Business Records (Subpoena) to each defendant, including all electronically stored information, within ten (10) days of the hearing for this Motion, and awarding monetary sanctions, attorneys’ fees, and costs in the total amount of $3,327.50.

Pursuant to CCP §§ 1987.1, 2017.10 and 2020.240, Plaintiff’s unopposed Motions to Compel and for Sanctions are GRANTED.

Plaintiff presents evidence that he personally served Defendants with the Subpoenas on March 24, 2023, that Defendants have not responded or produced any records in response to the Subpoenas, that he made a reasonable and good faith attempt to meet and confer and resolve this dispute before filing these Motions, and that Defendants have not responded to Plaintiff’s attempt to meet and confer. ROA 38 and 39, Estabrook Decl., ¶¶1-6 and Exs. 1-2. Additionally, there is good cause to compel the production of records, including all electronic documents and information. The Subpoenas seek information, among other things, regarding Defendants’ licenses, invoices and customer information, that are relevant to the issues and reasonably calculated to lead to the discovery of admissible evidence in this matter. See generally, ROA 38 and 39, Ex. 1, Document Requests.

Each Defendant is ordered to produce copies of the documents, including electronically stored information, responsive to his or its respective Subpoena, within 21 days of this hearing.

Each Defendant is ordered to pay monetary sanctions in Plaintiff’s favor in the amount of $1,568.75 for his or its respective Motion ($1,508.75 for attorney fees [4.25 hours X $355 / hour], plus $60 filing fee), or a total of $3,137.50, within 30 days of this hearing. The reduced amount of the monetary sanctions takes into account the substantial overlap and duplication between the Motions. Additionally, Plaintiff did not provide a separate notice that $250 for each motion was sought pursuant to CCP § 2023.050(d) and the Court does not find clear and convincing evidence to overcome the presumption that Defendants acted in good faith. (Code Civ. Proc. § 2023.050(e).)

The status conference is continued to December 8, 2023 at 9:00 a.m. and all parties then appearing in the action are Ordered to file a joint status report by not later than December 1, 2023.

Plaintiff is ordered to give notice.