Notice Of Motion And Motion To Defer Payment Of Monetary Sanctions Pending Final Resolution Of Action
SF Superior Court - Law & Motion / Discovery Dept 301 - CGC25624689 - June 4, 2026 Hearing date: June 4, 2026 Case number: CGC25624689 Case title: SARAH GEROME VS. SIDE, INC. Case Number: | | CGC25624689 | Case Title: | | SARAH GEROME VS. SIDE, INC. | Court Date: | | 2026-06-04 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion To Defer Payment Of Monetary Sanctions Pending Final Resolution Of Action | Rulings: | | Matter on the DISCOVERY / LAW AND MOTION Calendar for Thursday, Jun-04-2026. Line 6. PLAINTIFF SARAH GEROME'S Motion To Defer Payment Of Monetary Sanctions Pending Final Resolution Of Action.
Plaintiff Sarah Gerome's unopposed motion to defer payment of monetary discovery sanctions is granted in part. The court does not defer payment based on Gerome's potential fee waiver status. Parties who have fee waivers must still pay discovery sanctions; a discovery sanction is not a fee but is a method to enforce the Code of Civil Procedure concerning discovery and is intended to compensate the opposing party for the attorneys' fees it expended in opposing a discovery position that lacked substantial justification. There is no ability-to-pay test for awarding attorneys' fees. (Cf. Walker v. Ticor Title Co. of California (2012) 204 Cal.App.4th 363, 372 ["it is inappropriate to consider the losing party's financial status as an equitable factor in assessing contractual attorney fees"].)
However, the court grants relief insofar as Gerome asks the court to extend the court-imposed deadline for paying the sanction. Ordinarily sanctions are immediately enforceable in the same manner as a judgment. "[M]onetary sanction orders are enforceable through the execution of judgment laws. These orders have the force and effect of a money judgment, and are immediately enforceable through execution, except to the extent the trial court may order a stay of the sanction." (Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615 [citation omitted].) The court extends Gerome's time to pay for 90 days from this order for good cause shown.
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