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Notice Of Motion To Compel Further Responses To Requests For Production Of Documents, Set One; And For Monetary Sanctions [Ccp 2031.310, 2023.030; Crc 2.30]
Matter on the Law & Motion/Discovery Calendar for Thursday, August 14, 2025, line 2, DEFENDANTS KASIER FOUNDATION HOSPITALS, THE PERMANENTE MEDICAL GROUP, INC.'S Motion To Compel Further Responses To Requests For Production Of Documents, Set One; And For Monetary Sanctions [Ccp 2031.310, 2023.030; Crc 2.30] (part 1 of 2)
Defendant Kaiser Foundation Hospitals' motion to compel further responses to requests for production, to compel production, and for sanctions is granted in part and denied in part.
On August 1, 2025, after Kaiser filed this motion, plaintiff Doe served amended, verified and objection-free responses as required by the court's November 20, 2024 order. Doe contends his service of the amended responses moots the sanctions request. Kaiser seeks an order that Doe specify which of the 1108 pages he has produced apply to which request for production. Kaiser also presses its request for sanctions.
The court concludes that the volume of discovery produced is not so great that it should make the order Kaiser seeks. The court nonetheless awards sanctions. Sanctions are permitted even where a party responds to discovery requests while the motion is pending. (See Rule of Court 3.1348, subd. (a).) The history recited in the Sha declaration of Kaiser's efforts to obtain code-compliant, verified discovery responses persuades the court that Doe and/or his counsel have misused the discovery process by failing to submit to an authorized method of discovery and making unwarranted objections after a court order that objections were waived. (See Code Civ.
Proc., sec. 2023.010, subds. (d), (e), and (g).) It does not appear to the court that Doe would have amended his responses in the absence of this motion. The court finds it appropriate here to award sanctions jointly and severally against plaintiff Doe and his counsel in the amount of $4000. Doe and his counsel shall pay the sanctions within 30 days of entry of this order.
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