Judge: Robert B. Broadbelt, Case: 22STCV11124, Date: 2023-05-24 Tentative Ruling

Case Number: 22STCV11124    Hearing Date: October 2, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Defendant Dignity Health     

RESPONDING PARTY:       Plaintiff Luz Reynozo

Motion for Terminating and/or Evidentiary/Issue Sanctions

The court considered the moving and opposition papers filed in connection with this motion.  No reply papers were filed.

DISCUSSION

Defendant Dignity Health (“Defendant”) moves the court for an order imposing terminating, issue, or evidence sanctions against plaintiff Luz Reynozo (“Plaintiff”) based on her failure to comply with the court’s May 24, 2023 order.

If a party engages in a misuse of the discovery process, the court may impose monetary, issue, evidence, or terminating sanctions.¿ (Code Civ. Proc., § 2023.030.)¿ Code of Civil Procedure section 2023.010 provides, in relevant part, that “[m]isuses of the discovery process include, but are not limited to, the following: . . . . (d) Failing to respond or to submit to an authorized method of discovery. . . . . (g) Disobeying a court order to provide discovery.”¿¿  

On May 24, 2023, the court issued an order granting Defendant’s motion to compel further responses Form Interrogatories – Employment, ordering Plaintiff to serve further, full and complete answers to Defendant’s Form Interrogatories – Employment, numbers 200.2 through 200.5, 201.1, 201.3, 201.4, 202.1, 202.2, 203.1, 207.2, 208.1, 212.4, and 213.2 within 30 days of the date of service of the order.  (May 24, 2023 Order, p. 2:10-14.)  The court also ordered Plaintiff to pay monetary sanctions in the amount of $1,560 to Defendant.  Defendant filed and served a notice of ruling on the motion on May 24, 2023.  Defendant has presented evidence showing that Plaintiff did not serve timely responses and that “no responses to the compelled interrogatories have been received” as of the date that Defendant filed this motion.  (Schwake Decl., ¶ 6.)  

Plaintiff, in her opposition papers, represents to the court that she has since drafted supplemental responses to the discovery at issue in this motion.  (Opp., p. 3:17-19.)  Further, in her declaration, she states that she has “served the further responses sought.”  (Reynozo Decl., ¶ 8.)  Plaintiff has not attached a copy of the responses served on Defendant.  Thus, Plaintiff has not presented the court with sufficient evidence to show that she served supplemental responses in compliance with the Code of Civil Procedure.  However, Defendant did not file reply papers denying that Plaintiff has since served supplemental responses.

First, the court finds that, after considering the totality of the circumstances, terminating sanctions against Plaintiff are not warranted.  (Los Defensores, Inc., supra, 223 Cal.App.4th at p. 390.)  The court therefore denies Defendant’s request for terminating sanctions.

Second, the court finds that imposing issue or evidence sanctions against Plaintiff would not be appropriate to remedy the prejudice caused by Plaintiff’s incomplete and evasive discovery responses to the subject interrogatories.  (Code Civ. Proc., § 2023.030, subds. (b), (c) [“The court may impose” issue or evidence sanctions] [emphasis added].)  To remedy the prejudice caused by Plaintiff’s noncompliance with the court’s order, however, the court orders Plaintiff to serve full and complete further answers to Defendant’s Form Interrogatories – Employment, numbers 200.2 through 200.5, 201.1, 201.3, 201.4, 202.1, 202.2, 203.1, 207.2, 208.1, 212.4, and 213.2.

ORDER

The court denies defendant Dignity Health’s motion for terminating and/or evidentiary/issue sanctions.  

Pursuant to Code of Civil Procedure section 2030.300, the court orders plaintiff Luz Reynozo to serve further, full and complete answers to defendant Dignity Health’s Form Interrogatories (Employment), numbers 200.2 through 200.5, 201.1, 201.3, 201.4, 202.1, 202.2, 203.1, 207.2, 208.1, 212.4, and 213.2, which comply with Code of Civil Procedure sections 2030.210-203.220, and 2030.250, within 15 days of the date of service of this order. 

The court orders defendant Dignity Health to give notice of this ruling.

IT IS SO ORDERED.

DATED:  October 2, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court