Judge: Steven A. Ellis, Case: 21STCV26077, Date: 2023-09-15 Tentative Ruling
Case Number: 21STCV26077 Hearing Date: April 4, 2024 Dept: 29
Plaintiff's Motion for Sanctions
Tentative
The Court has previously set forth, in detail, the
background and history of the discovery issues in this matter, including in the
minute order dated February 28, 2024.
The Court will not repeat that background and history here.
Currently before the Court is the motion for
sanctions filed by Plaintiff on January 31, 2024. The matter was fully briefed and heard on
February 23. The Court took the matter
under submission and then, by order of February 28, vacated the submission and
set the matter for further hearing on April 4.
On March 27, 2024, Defendant served a supplemental
declaration from counsel, as authorized by the February 28 order. Attached to the declaration, as Exhibit 3, is
a copy of a verified supplemental discovery response served on or about March
8, 2024.
The Court has reviewed this supplemental response
and determines that Defendant has now served a code compliant response to Form
Interrogatory No. 17.1.
In light of this supplemental response, the Court
now DENIES Plaintiff’s motion for sanctions.
The Court finds that there is no basis for the requested evidence,
issue, or terminating sanctions. The
primary purpose of discovery sanctions is to obtain compliance with the Civil
Discovery Act and the Court’s orders, not to punish. At this time, evidence, issue, or terminating
sanctions would create an improper windfall for Plaintiff. Plaintiff does not seek a further order of
monetary sanctions.
Conclusion
The motion is denied.
Moving party to give notice.