Judge: Theodore R. Howard, Case: 21-1196677, Date: 2022-08-25 Tentative Ruling

Before the Court are five discovery motions filed by Plaintiff, Rollo Eklund, by and through his attorney in fact, Marshall Eklund (“Plaintiff”).  These are Motions to Compel Defendants Master Key Capital’s (“Master Key”) and Douglas Gee’s (“Gee”) Further Responses to Special Interrogatories (“Special Rogs”) and Form Interrogatories (“Form Rogs”), Sets One [ROA 63, 64, 65, 66] and Motion to Compel Master Key to provide documents responsive to Request for Production of Documents (“RFP”), Set One [ROA 83].

The unopposed motions are GRANTED.  (Code Civ. Proc., §§ 2031.320(a) [RFP], 2030.300(a) [rogs].) 

The Court notes that Plaintiff has waived the monetary sanction request against the parties, but not against counsel Timothy McFarlin.  (See ROA 182).  The Court finds that a reduced monetary sanction award of $1,800 per motion against Mr. McFarlin is appropriate due to the deficient discovery responses and Mr. McFarlin’s failure to properly engage in the meet and confer process.  In addition, Mr. McFarlin has failed to offer any substantial justification for his conduct.  (Code Civ. Proc. §§ 2030.300(d) [rogs], 2031.320(b) [RFPs).)

Accordingly, the Court imposes monetary sanctions in the amount of $1,800 per motion, for a total of $9,000 in monetary sanctions, against attorney Timothy McFarlin, payable to Plaintiff’s counsel of record within 30 days of the date of this ruling.

In accordance with the Court’s ruling on August 3, 2022, the parties are to appear at the hearing to discuss how much time should be given to Defendants’ new counsel, Peter Wittlin, to further respond to discovery.  (ROA 182). 

Plaintiff to give notice.