Motion to Enforce Court’s Discovery Order and for monetary sanctions
23CV002863: TTLC SACRAMENTO - CHAMPION OAKS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY vs ELK GROVE RESERVE, A CALIFORNIA PARTNERSHIP, et al. 10/02/2024 Hearing on Motion - Other to Enforce Court's Discovery Order in Department 54
Tentative Ruling
Plaintiff and cross-defendant TTLC Sacramento Champion Oaks LLCs (TTLC Sacramento) motion to enforce courts discovery order and for monetary sanctions is UNOPPOSED and ruled upon as follows.
On July 10, 2024, the Court granted TTLC Sacramentos unopposed motion to compel all 11 defendants to serve verifications to TTLC Sacramentos request for production of documents and produce the responsive documents defendants agreed to produce in their unverified responses. The Court ordered verifications be provided by July 22, 2024, and documents be produced by August 2, 2024, unless the parties agreed in writing to a later date. (Minute Order, 07/10/2024.) As of the date this motion was filed (August 8, 2024), defendants have not served any verifications or produced any documents. (Declaration of Daniel J. Zarchy (Zarchy Decl.) ¶ 5.)
TTLC Sacramento now seeks monetary sanctions based upon defendants failure to comply. Specifically, TTLC Sacramento seeks $4,960 as requested in TTLC Sacramentos prior motion to compel, plus $4,470 for the costs of this motion. (Zarchy Decl. ¶ 6.) TTLC Sacramento also asks the Court to issue the maximum sanction of $1,500 per defendant (a total of $16,500), payable to the Court, for their willful violation of the July 10, 2024, Court Order pursuant to Code of Civil Procedure section 177.5.
For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a monetary sanction. (Code of Civil Procedure §§ 2023.010(g), 2023.030(a).) The Court has broad discretion in selecting the appropriate sanctions under the factual circumstances before it. (Cedars-Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1, 12.) The sanctions the court may impose are such as are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks but the court may not impose sanctions which are designed not to accomplish the objects of the discovery but to impose punishment. (Caryl Richards, Inc. v.
Superior Court (1961) 188 Cal. App. 2d 300, 304.) The penalty should be appropriate to the dereliction, and should not exceed that which is required to protect the interests of the party entitled to but denied discovery. (
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23CV002863: TTLC SACRAMENTO - CHAMPION OAKS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY vs ELK GROVE RESERVE, A CALIFORNIA PARTNERSHIP, et al. 10/02/2024 Hearing on Motion - Other to Enforce Court's Discovery Order in Department 54
2023.030(a).)
Only two facts are absolutely prerequisite to imposition of the sanction: (1) there must be a failure to comply, conceded here by appellant; and (2) the failure must be willful. (Calvert Fire Ins. Co. v. Cropper (1983) 141 Cal. App. 3d 901, 904.)
Code of Civil Procedure section 177.5 permits the Court to impose reasonable monetary sanctions, not to exceed $1,500, for any violation of a lawful court order done without good cause or substantial justification. (Code Civ. Proc. § 177.5.)
TTLC Sacramentos motion is GRANTED as follows.
The Court declines to award the sanctions requested in TTLC Sacramentos prior motion to compel. The Court also finds the requested amount of attorneys fees incurred in connection with this motion be excessive as it includes time anticipated to prepare a reply and appear for hearing, but this motion was not opposed. The Court awards sanctions in the amount of $2,510 (representing five hours of attorney time at the rate of $490 per hour, plus the $60 filing fee), payable to TTLC Sacramento. Sanctions to be paid no later than November 2, 2024, and, if not paid by that date, TTLC Sacramento may prepare for the Court's signature a formal order granting the sanctions, which may then be enforced as a separate judgment. (Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.)
The Court further finds defendants have failed to demonstrate good cause or substantial justification for failing to comply with the Courts order and, therefore, orders sanctions as against all 11 defendants in the amount of $100 each pursuant to Code of Civil Procedure section 177.5, payable to the Superior Court, County of Sacramento. The sanctions shall be paid to the Court no later than November 2, 2024. The payment may be delivered to the clerk of the Court.
The minute order is effective immediately. No formal order pursuant to California Rules of Court, Rule 3.1312, or further notice is required.
NOTICE:
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
23CV002863: TTLC SACRAMENTO - CHAMPION OAKS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY vs ELK GROVE RESERVE, A CALIFORNIA PARTNERSHIP, et al. 10/02/2024 Hearing on Motion - Other to Enforce Court's Discovery Order in Department 54
Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.
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