LOW VS PGA WEST FAIRWAYS ASSOCIATION

Code of Civil Procedure section 2031.300(b) allow the propounding party to file a motion to compel responses to document demands if a response has not been received. If responses are untimely, responding party waives objections. (Id. at § 2031.300(a).) The motion is moot. Defendant has served responses. If Plaintiff is unsatisfied with the responses, she can meet and confer and file a motion to compel further responses if necessary.

Sanctions

For requests for production, section 2031.300(c) provide that “the court shall impose a monetary sanction ... against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response ... unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” The court may award sanctions even though the requested discovery was provided after the motion was filed. (Cal. R. Ct., rule 3.1348(a).)

Here, sanctions are appropriate as Defendant’s counsel has accepted responsibility for the delay. The court grants sanctions in the amount of $510.

Protection of Privacy

The court notes defense counsel appears to have violated California Rule of Court, rule 1.201 for including documents containing social security numbers of Plaintiff and third parties. Counsel also improperly included pay stubs with personal identifying information, which are also violation of privacy. The court orders the court clerk to strike and remove Exhibits 33, 38-42 from the opposition filed 5/5/26 from the court record. Defense counsel is ordered to not violate this rule again.

4. CASE # CASE NAME HEARING NAME LOW VS PGA WEST FAIRWAYS ASSOCIATION, A CALIFORNIA NON- MOTION FOR LEAVE TO FILE A CVPS2500640 PROFIT MUTUAL BENEFIT SUPPLEMENTAL COMPLAINT BY COMMON INTEREST PATRICIA LOW DEVELOPMENT CORPORATION Tentative Ruling: Granted.

Plaintiff granted leave to file what will be deemed “First Amended Complaint” proposed as “Supplemental Complaint” within 5 days of this order becoming final.

Moving party to provide notice pursuant to CCP 1019.5.