MAHER MEMARZADEH VS. AMGUARD INSURANCE COMPANY D/B/A BERKSHIRE ET AL

Matter on the LAW AND MOTION / DISCOVERY Calendar for Monday August 17, 2026, line 5, PLAINTIFF MAHER MEMARZADEH'S Motion To Enforce The 05/29/26 Discovery Order And Request For Issue, Evidentiary, Contempt And Monetary Sanctions In The Amount Of $909.40; An Order Entering Default Judgment Against Defendants

A hearing is required and Defendant must appear at the hearing through its lead counsel for this case. The court is inclined to issue the following order: The motion is granted in part.

Defendant's failure to comply with the court's discovery order filed on May 29, 2026, is a misuse of the discovery process. Defendant contends that it was never properly served with the discovery and that its prior counsel left the firm. These are inadequate justifications. The argument about service was not raised in opposition to the prior motion to compel, defendant responded to Requests for Admission while the prior motion was pending despite its claim of nonservice, and all of the outstanding discovery is attached as an exhibit to Plaintiff's March 30, 2026 filed declaration in support of his motion to compel. Defendant had the ability to comply with the court's prior order and has failed to do so.

The court imposes monetary sanctions against Defendant payable to Plaintiff in the amount of $713.30 and payable to the court in the amount of $1500 by September 14, 2026. Defendant shall file notice with the court when both sanctions have been paid.

Defendant shall comply in full with the court's May 29 order by September 1, 2026. Defendant shall produce responsive documents no later than 30 days after service of its responses to requests for production. The court sets the present motion for further hearing on September 8, 2026. Defendant shall file its discovery responses with the court as a declaration attachment by September 1, 2026. Defendant need not file the responsive documents if any have been served. The court will consider whether to issue an order to show cause regarding issue, evidentiary, or terminating sanctions against Defendant at the September 8 hearing.

Plaintiff shall provide his W-9 to Defendant within one week of this order. If Plaintiff fails to do so, Defendant is relieved of the obligation to pay sanctions to Plaintiff but must still make payment to the court. [end of tentative ruling part 1, see part 2] =(301/CVA) | |