Not stated

reasons make the sanction "unjust."¿(Code Civ. Proc., Sec.Sec. 2031.300, subd. (c) [requests for production], 2030.290, subd. (c) [interrogatories].) "It is mandatory that the court impose a monetary sanction. . .on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion." (Code Civ. Proc., Sec. 2033.280, subd. (2)(c).) "The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though. . .the requested discovery was provided to the moving party after the motion was filed." (Cal. Rules of Court, Rule 3.1348(a).)

As conceded by the parties, the only issue remaining is sanctions. The Court finds that both parties met and conferred in good faith even where no meet and confer requirement was required. Defendant granted two extensions to Plaintiff. The Court finds that it was reasonable for Defendant to decline a third extension, where Plaintiff's counsel still was unable to provide Plaintiff's medical documentation regarding his mental capacity.

The Court finds that Defendant is entitled to compensation for the time spent filing these motions to compel verifications and supplemental responses to the discovery requests. However, the Court finds that the sanctions amount requested is exorbitant considering the simplicity of the issues and that each Motion is essentially identical. Thus, Defendant is awarded reduced sanctions in the amount of $750.00 in total for all three Motions.

Defendant Chedraui USA, Inc.'s Motion for Summary Judgment is CONTINUED to September 15, 2026 at 9:30 a.m. in Dept. L. Defendant to give notice.

Case Number: 24NWCV02245 Hearing Date: August 27, 2026 Dept: L

Plaintiffs Hector Recinos and Cristina Jimenes' Motion for Prejudgment Interest is GRANTED, in part. Plaintiffs are entitled to $3,228.03 in prejudgment interest. Plaintiffs to give notice.

Background

This is a lemon law action regarding a 2020 Ford Explorer. On July 23, 2024, Plaintiffs Hector Recinos and Cristina Jimenes ("Plaintiffs") filed this action against Defendant Ford Motor Company ("Defendant") and Does 1 to 10. On September 4, 2024, Defendant filed the Answer.

The case came on for jury trial. The returned a special verdict awarding Plaintiffs $44,139.38 on their cause of action for breach of express warranty and $10,000 on their cause of action for breach of implied warranty. (4/15/26 Special Verdict.) Plaintiffs now move for prejudgment interest pursuant to Civil Code section 3287.