Willis VS Zip, Inc.

2. If only part of the motion is moot, what issue or evidentiary sanctions against Willis remain appropriate? RG17866531: Willis VS Zip, Inc. 05/26/2026 Hearing on Motion for Sanctions (reservation no. 627418685036) in Department 16 (Order Petrich’s Mot. Sanctions, Apr. 21, 2026.)

Willis filed her supplemental opposition, arguing that the Motion was moot. (Suppl. Opp’n, May 4, 2026.) Petrich filed his supplemental reply, arguing that the following issue sanctions remained ripe:

• “There are no provisions in the Rental Agreement pursuant to which [Defendant Williams Sports Rentals, Inc.] transferred and Kai Petrich ‘assumed primary custody and complete operational/navigational’ of the jet-ski entrusted to Smith.” • “Petrich did not ‘direct[], order[], or permit[]’ Smith to give Williams a ride.” • “Petrich did not have the right, obligation, or authority to direct Smith.” • “Petrich did not control who rode aboard Smith’s jet-ski.” • “Smith was not obligated or duty bound to heed, obey, or accept Petrich’s alleged direction or instruction.”

(Suppl. Reply 1:13–21, May 7, 2026.) Petrich further argued that evidentiary sanctions are appropriate to “prohibit[] [Willis] from introducing evidence on those matters.” (Id. 1:23.)

II.

Legal Standard

An asking party may move to compel further responses to an interrogatory if they deem that “[a]n answer to a particular interrogatory is evasive or incomplete,” “[a]n exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate,” or “[a]n objection to an interrogatory is without merit or too general.” (Cal. Civ. Proc. Code § 2030.300(a)(1)–(3).) The court must impose a monetary sanction unless it finds that the subject to be sanctioned acted with “substantial justification” or “other circumstances” make the sanction unjust. (§ 2030.300(d).) Where a party disobeys an order compelling further responses, the court may also impose issue, evidence, or terminating sanctions. (§ 2031.310(e).)

“The purpose of the discovery statutes is to enable a party to obtain evidence under the control of his adversary in order to further the efficient and economical disposition of a lawsuit.” (Deyo v. Kilbourne (1978) 84 Cal. App. 3d 771, 793.) When imposing a sanction for failure to obey a court’s order, “[t]he penalty should be appropriate to the dereliction, and should not exceed that which is required to protect the interests of the party entitled to but denied discovery.” (Id.)

III.

Discussion

The Court finds that the Motion is largely moot because the requested sanctions concern Willis’s now-waived theories of duty. In effect, Willis voluntarily conceded to an issue sanction that her theories of duty lacked merit. This waiver left Petrich’s alleged duty of care under general maritime law.

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

RG17866531: Willis VS Zip, Inc. 05/26/2026 Hearing on Motion for Sanctions (reservation no. 627418685036) in Department 16 The Court next analyzes whether any of the requested sanctions are proper against the theory that Petrich owed a duty of care under general maritime law. But before addressing that issue, the Court notes that four of the requested issue sanctions appear ripe for determination: that “Petrich did not ‘direct[], order[], or permit[]’ Smith to give Williams a ride,” “Petrich did not have the right, obligation, or authority to direct Smith,” “Petrich did not control who rode aboard Smith’s jet-ski,” and that “Smith was not obligated or duty bound to heed, obey, or accept Petrich’s alleged direction or instruction.”

The Court finds that Petrich did not carry his burden of persuading the Court that Willis’s responses are evasive. The Court reviewed Willis’s response to form interrogatory concerning admission requests 23 through 26. The Court is unpersuaded that her response is evasive. (See Kronenberg Decl. Ex. 4, at 4:18–5:21 (providing full text of response).) Against her remaining theory of duty, her response adequately states the legal and factual basis of her denials of Petrich’s admission requests. It is clear to the Court that Petrich disagrees with Willis on those legal and factual issues stated. But the issue before the Court is whether her response is evasive; and Petrich did not persuasively show that it is. Accordingly, the Court need not reach whether terminating, issue, or evidentiary sanctions would be a proper remedy for what Petrich’s perceived to be discovery abuses.

IV. Orders The Motion is denied.

The Court denies the requests for judicial notice as moot.

***

The Motion re: KAI PETRICHS NOTICE OF MOTION AND MOTION FOR ISSUE, EVIDENTIARY, AND TERMINATING SANCTIONS filed by Kai Petrich on 01/20/2026 is Denied.

The Court orders counsel to obtain a copy of this order from the eCourt portal.

If a party does not timely contest the foregoing Tentative Ruling and appear at the hearing, the Tentative Ruling will become the order of the court.

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SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA

RG17866531: Willis VS Zip, Inc. 05/26/2026 Hearing on Motion for Sanctions (reservation no. 627418685036) in Department 16 Enter your name and briefly identify the issues you wish to argue. Select "Proceed"

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