Cliq, Inc. v. Capital Managers, LLC

protect the interest of the party entitled to but denied discovery.’” (Doppes v. Bentley Motors, Inc., supra, 174 Cal.App.4th at p. 992, quoting Laguna Autobody v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, 487.)

Therefore, the court will deny the request for evidentiary and terminating sanctions.

Standard for Monetary Discovery Sanctions

On the other hand, willfulness is not required for the imposition of monetary sanctions. (Ellis v. Toshiba America Information Systems, Inc. (2013) 218 Cal.App.4th 853, 878; Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1286.)

A trial court has “every right to impose a monetary sanction to compel obedience to its lawful orders, or to punish disobedience and disrespect of the court’s processes.” (20th Century Ins. Co. v. Choong (2000) 79 Cal.App.4th 1274, 1278.)

Here, there is no indication that Plaintiff has responded to the discovery requests.

The court therefore will grant Defendant NM Law’s request for monetary sanctions.

However, the amount of monetary sanctions requested is excessive and the court will reduce the amount accordingly.

In light of the court’s award of monetary sanctions to Defendant NM Law, the court finds it unnecessary to award monetary sanctions pursuant to Civil Procedure Code section 177.5 and will exercise its discretion to deny that request.

Defendant NM Law shall give notice of this ruling.

11 Cliq, Inc. vs. Capital Motions for Attorney’s Fees and Motions to Strike Managers, LLC and/or Tax Costs

The court will hear from the parties regarding their 30-2021-01220754 efforts to agree upon the appointment of a referee to prepare a report and make recommendations on the parties’ respective motions for attorney’s fees and motions to strike and/or tax costs.