Ricardo Campos Sanchez and Marlene Romero v. American Honda Motor Co., Inc.
Motion for Terminating Sanctions or in the alternative, for Issue and Evidentiary Sanctions, and Request for Monetary Sanctions
Motion type
Parties
Ruling
Civ. Proc., Sec. 2030.300, subd. (d).) The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed. (Cal. Rules of Court, rule 3.1348, subd. (a).) ii.
Discussion
After review, the Court GRANTS sanctions against Plaintiff and her counsel of record, Adriana Burga, Esq., jointly and severally in the amount of $ 5,580.00. Specifically, the Court determines that although Plaintiff served Code-compliant responses to RFP, Set Two, such belated responses came on August 3, 2026, well after the YMCA filed its motion on June 3, 2026.
And while a declaration from Plaintiff's counsel attempts to provide factual bases to find sanctions are not justified (Opposition, Burga Decl., P.P. 7-11), the face of that declaration, as well as the attached email chain at Exhibit 3, show a gap between May 22, 2026, and August 3, 2026, during which time Plaintiff is not represented one way or the other to have contacted the YMCA regarding supplemental responses being on the way, Plaintiff undertaking a diligent search of responsive documents, or any other representation regarding supplemental responses.
Sanctions are DENIED as against Shegarian & Associates, which is not a "person, person, [or] attorney" contemplated in Code of Civil Procedure section 2023.040.
Defendant Young Men's Christian Association of Greater Long Beach is ordered to give notice. Parties who intend to submit on this tentative must send an email to the court at [email protected] indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party's email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear remotely.
DATED: September 3, 2026 _____________________________________ MARK C. KIM Judge of the Superior Court
STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT RICARDO CAMPOS SANCHEZ and MARLENE ROMERO, Plaintiffs,
vs. AMERICAN HONDA MOTOR CO., INC.; and DOES 1 through 10, inclusive, Defendants. |)))))))))))))))) | CASE NO: 25STCV07343 [TENTATIVE] ORDER RE: DEFENDANT AMERICAN HONDA MOTOR CO., INC.'S NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS OR IN THE ALTERNATIVE, FOR ISSUE AND EVIDENTIARY SANCTIONS, AND REQUEST FOR MONETARY SANCTIONS Dept. 731 September 3, 2026 8:30 a.m. Matter No. 21 | Moving Party: Defendant, American Honda Motor Co., Inc. Opposing Party: Plaintiffs, Ricardo Campos Sanchez and Marlene Romero Notice: OK
Background Facts
Pleadings Plaintiffs Ricardo Campos Sanchez and Marlene Romero bring this action against Defendant American Honda Motor Co., Inc. ("Honda") and Does 1 through 100, inclusive, alleging various statutory claims arising from defects in a motor vehicle purchased and/or leased by Plaintiff in September 2019 and manufactured and/or distributed by Honda.
a. Motion Before the Court
Now before the Court is Honda's opposed motion for (1) terminating sanctions for Plaintiffs' failure to attend depositions, (2) in the alternative, an order of dismissal on the same grounds, (3) in the alternative, evidence and/or issue sanctions on the same grounds, and (4) monetary sanctions arising from Honda's counsel's work attempting to secure Plaintiffs' depositions.
Plaintiffs' opposition critically clarifies a deposition went forward on August 5, 2026, for Plaintiff Marlene Romero, and on August 21, 2026, for Plaintiff Ricard Campos Sanchez. The parties' opposition and reply papers disagree as to whether all or only part of the relief requested in Honda's original motion is mooted.
Motions for Terminating [Including Dismissal], Evidence, and Issue Sanctions a.
Legal Standard
If a party or a party - affiliated deponent disobeys a court order requiring their attendance, testimony, or production of documents, the court may issue any appropriate orders, which may include issue sanctions, evidence sanctions, or terminating sanctions against either the deponent or the affiliated party. (Code Civ. Proc., Sec. 2025.450, subd. (h).)
Discussion
The Court determines that the component of Honda's motion seeking terminating, evidence, and issue sanctions has been rendered MOOT by the taking of Plaintiffs' depositions in August 2026, a position with which the Court agrees insofar as part of the purported discovery abuses--failure to submit for depositions, failure to follow direction re: depositions in a prior order--have been remedied by the taking Plaintiffs' depositions.
c.
Conclusion
Defendant American Honda Motor Co., Inc.'s motion is thus MOOT as to terminating, evidence, and issue sanctions.
Request for Monetary Sanctions a.
Legal Standard
If a party or a party - affiliated deponent disobeys a court order requiring their attendance, testimony, or production of documents, the court may issue any appropriate orders, which may include monetary sanctions against either the deponent or the affiliated party. (Code Civ. Proc., Sec. 2025.450, subd. (h).)
Discussion
The Court finds that sanctions would be unjust here. The parties offer conflicting versions of the sufficiency of Plaintiffs' efforts to go forward with depositions. (Compare Motion, Casolari Decl., P.P. 3-18, with Opposition, Abdo Decl., P.P. 3-16.) Under the circumstances, with Honda first having requested depositions in March 2026, one year after this action was filed, the parties presenting reasonable interpretations of Plaintiffs' efforts to submit to depositions, and the depositions having been completed in August 2026, sanctions are not appropriate.
c.
Conclusion
Defendant American Honda Motor Co., Inc.'s request for monetary sanctions is DENIED.
Defendant American Honda Motor Co., Inc. is ordered to give notice. Parties who intend to submit on this tentative must send an email to the court at [email protected] indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party's email must include the case number and must identify the party submitting on the tentative. If the parties do not submit on the tentative, they should arrange to appear remotely.
DATED: September 3, 2026 _____________________________________ MARK C. KIM Judge of the Superior Court
Case Number: 25STCV22943 Hearing Date: September 3, 2026 Dept: 731 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT RICHARD NEUDORFF, Plaintiffs, vs. GRID ALTERNATIVES GREATER LOS ANGELES, INC., a Delaware corporation; ASHLEY CHRISTY, an individual; DOES 1-100; Defendants. |))))))
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