Kevin Coluccio et al v. Thomas Trainor et al

With respect to the motion to compel JSP’s compliance, Plaintiff shows that JSP has not produced all responsive documents despite agreeing to in response to the subject document requests. (Declaration of James G. Higgins, ¶¶ 6, 9.) JSP implicitly concedes it has not produced all responsive documents. It responds in Opposition that, upon receipt of the motion, it reached out to Plaintiff to provide a date certain for production (July 31, 2026). Plaintiff disregarded that offer and proceeded with its motion.

Based on the foregoing, the motion to compel JSP’s compliance with its agreement to produce responsive documents is GRANTED. JSP shall do so by July 31, 2026.

The Court DENIES the parties’ competing requests for sanctions under section 2031.310, subdivision (h), in light of the mixed success of Plaintiff’s motion and JSP’s opposition.

JSP does not only move for sanctions under section 2031.310, but also under sections 2023.010 and 2023.020 based on Plaintiff’s failure to meet and confer regarding JSP’s purportedly deficient supplemental responses prior to bringing the present motion. “Notwithstanding the outcome of the particular discovery motion, the court shall impose a monetary sanction ordering that any party or attorney who fails to confer as required pay the reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct.” (§ 2023.020.)

Here, JSP shows that, following receipt of JSP’s supplemental responses to the subject document demands on May 15, 2026, Plaintiff failed to meet and confer on the supplemental responses prior to bringing the motion. (Declaration of Alexander (A.J.) Pinto (“Pinto Decl.”) ¶ 4.) Plaintiff does not meaningfully dispute this in Reply. Plaintiff only contends that it properly met and conferred regarding the motion to compel JSP’s compliance with the production of documents, which fails to address the basis for JSP’s sanctions request.

Thus, JSP’s request for sanctions pursuant to section 2023.020 is GRANTED IN PART. The Court finds 7 combined hours preparing the opposing documents reasonable. (Pinto Decl., ¶¶ 6-7.) However, the Court does not find the hourly rate charged by counsel to be within the reasonable or customary range in the Napa County. (See Pinto Decl. at ¶¶ 7-8.) The Court reduces the hourly rates to $300 for associate attorney McKee and $500 for partner attorney Richmond. Based on the foregoing, Plaintiff is ordered to pay to JSP, care of its attorney of record, within 10 calendar days of notice of entry of this order, sanctions in the amount of (5 hrs x $300/hr + 2 hrs x $500) = $2,500.

Kevin Coluccio et al v. Thomas Trainor et al 25CV001138