REEM BITAR ET AL VS. AMERICAN HONDA MOTOR CO., INC., A CALIFORNIA ET AL

Matter on the Law & Motion / Discovery calendar for Wednesday, September 17, 2025, Line 6. ORDER TO SHOW CAUSE RE: SANCTIONS. The court orders plaintiff Reem Bitar to pay $500 in sanctions to this court by October 17, 2025.

On August 28, 2025, the court issued an order denying Bitar's motion to compel defendant American Honda Motor Co. to make further responses to her requests for production of documents. In its order, the court concluded that Bitar's motion lacked merit because Honda's responses complied with its Code obligations and Bitar's motion did not show specific facts showing good cause justifying the discovery sought by the demand. Honda did not seek sanctions, but the court ordered Bitar to show cause why she should not pay a sanction to the court pursuant to Code of Civil Procedure, section 2031.310, subdivision (h).

The court has considered Bitar's response to the OSC and now orders the sanction. Bitar's response declares that Honda's RFP responses were deficient because Bitar knows certain documents to exist but Honda stated they did not exist. (Ardi Dec. para. 8.) The problem is that this statement, like counsel's statements to the same effect at oral argument, appeared nowhere in the motion itself. Instead Bitar's motion to compel contained broad and seemingly boilerplate assertions that all of Honda's objections were without merit.

The motion did not engage at all with the actual controversy between the parties. Parties cannot expect to prevail on discovery motions based on arguments they do not make in the motion, and it is not a useful expenditure of court time and resources to review and adjudicate motions that do not set out the actual issues in controversy and merely advance hypothetical arguments. The court concludes that Bitar's motion lacked substantial justification.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.