Judge: Stephen I. Goorvitch, Case: 19STCV18229, Date: 2023-02-16 Tentative Ruling

Case Number: 19STCV18229    Hearing Date: February 16, 2023    Dept: 39

Justin Jennings v. Samuel Jinkyoo Kang, et al.

Case No. 19STCV18229

Motion for Terminating Sanctions

Previously, Plaintiff filed seven discovery motions to compel responses from Defendants Samuel Jinkyoo Kang (“Defendant Kang”) and NIW USA, Inc. (“NIW USA”).  Specifically, Plaintiff sought to compel responses to Requests for Production of Documents, Special Interrogatories, Form Interrogatories (General), and Form Interrogatories (Employment).  On April 29, 2022, the Court granted Plaintiff’s motions and ordered these defendants to serve verified responses, without objections to all outstanding discovery responses within thirty (30) days.  (See Court’s Minute Order, dated April 29, 2022.)  The Court also ordered each defendant to pay sanctions in the amount of $3,060.  (Ibid.) 

On June 7, 2022, Plaintiff filed motions to compel further responses from NIW USA and also sought terminating sanctions.  The Court held a hearing on these motions on September 28, 2022, following which the Court ordered NIW USA to provide further responses to Request for Production of Documents, set one (“RPD”) 1-5, 6, 9, 10, 12-14, 17, 21, and 34-31, as well as Form Interrogatories (Employment), set 200.1 to 216.1.  (See Court’s Minute Order, dated September 28, 2022.)  The Court ordered Defendant Kang to provide further responses to RPD #40 and #41.  (Ibid.)  The Court ordered NIW USA and Defendant Kang (as well as their counsel) to pay monetary sanctions totaling $6,000.  (Ibid.)  The Court continued the motion to the extent it sought a terminating sanction and set a compliance hearing for November 14, 2022.  (Ibid.)  The Court provided notice: “Unless Defendants comply fully with their discovery obligations, absent good cause, the Court intends to grant Plaintiff’s motions for terminating sanctions and strike their answers, which would permit Plaintiff to seek defaults and default judgment.”  (Ibid.)

The Court reviewed Defendant NIW USA’s further supplemental responses to the Requests for Production of Documents, filed on October 31, 2022, and found deficiencies.  The Court ordered Defendants to provide code-compliant further responses to RPD #38 through RPD #41, as well as FROG #216.1.  Defendants have done so.  At heart, Plaintiff challenges the veracity of the responses, which is not a basis to grant a terminating sanction.  Therefore, the Court orders as follows:

1.         The Court denies the motion for terminating sanctions.

2.         The Court’s clerk shall provide notice.