Notice Of Motion And Motion To Compel Responses To Request For Production Of Documents And For Monetary Sanctions Thereon
Matter on the Law & Motion / Discovery calendar for Wednesday, September 17, 2025, Line 7. 2 - PLAINTIFF HEALTHCARE RECRUITERS INTERNATIONAL's Notice Of Motion And Motion To Compel Responses To Request For Production Of Documents And For Monetary Sanctions Thereon [Ccp 2031.300, 2023.010, 2023.030].
Plaintiff Healthcare Recruiters International's motion to compel responses to its first set of requests for production of documents and for sanctions is granted in part and denied in part.
Plaintiff served the discovery on January 22, 2025 and did not receive responses by the deadline. (Booska Dec. para. 3 & Ex. A.) Although meet and confer efforts were not required, Plaintiffs' counsel sent inquiry emails well after the deadline, in May 2025 and July 2025. (Booska Dec. para. 4 & Ex. B.) Plaintiff filed this motion on August 13, 2025. On August 15, 2025, defendant Puracath Medical Inc. served responses. (Monte Dec. para. 2.)
Discovery is supposed to be self-executing. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 402.) On this record, the court concludes that Puracath's responses came about only because of Plaintiff's motion. This is a misuse of the discovery process and a waste of court resources.
The court denies the motion to compel responses as moot but awards the requested sanctions to Plaintiff. (See Code Civ. Proc., sections 2023.010, subd. (d) [failure to submit to an authorized method of discovery is a misuse of the discovery process], and 2031.300, subd. (c) [court "shall" award sanctions against a party who unsuccessfully opposes a motion to compel]; Rules of Court, Rule 3.1348, subd. (a) ["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."]; Sinaiko, supra, 148 Cal.App.4th, at pp. 408-409 [trial court has authority to award sanctions even where discovery is served before motion is heard].) Puracath is ordered to pay $810 to Healthcare Recruiters International within 30 days of entry of this order.
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