Notice Of Motion For Further Order To Comply With Discovery Order And To Impose Monetary Sanctions
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Matter on calendar for Tuesday, July 28, 2026, Line 3, DEFENDANT JONATHAN MURPHY JULIA FOX, STEVEN BETZ, RAINS LUCIA STERN ST. PHALLE, SILVER, PC's Motion For Further Order To Comply With Discovery Order And To Impose Monetary Sanctions.
Defendants' motion for further order to comply with discovery order and impose monetary sanctions is granted in part. Defendants show that plaintiff has failed to comply with the court's prior discovery order. (Melton Decl., para. 9.)
The court orders additional monetary sanctions against plaintiff Bailey Lim only in the amount of $3940. (Id., para. 12.) The court cannot order sanctions jointly and severally against an attorney unless the moving party makes a showing that the attorney advised the conduct constituting misuse of the discovery process. (Code Civ. Proc., sec. 2023.030, subd. (a).) There is no such showing here.
Lim shall provide the outstanding discovery within 10 days of notice of entry of this order and pay all outstanding sanctions within 30 days. Lim is cautioned that further misuses of the discovery process may result in evidentiary, issue, or terminating sanctions. Defendants must make a separate motion to obtain an order of terminating sanctions.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
The court no longer provides a court reporter in the Law & Motion or Discovery Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(301/CVA). | |
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