Notice Of Motion And Motion To Compel Responses To Production Of Documents And Request For Monetary Sanctions
Set for Law and Motion/Discovery Calendar on Monday, June 08, 2026, Line 3.
3 - Defendant Jad Massis's unopposed Motion To Compel Responses To Production Of Documents And Request For Monetary Sanctions is GRANTED IN PART AND DENIED IN PART
Defendant moves under Code of Civil Procedure section 2031.300. "If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply: (a) The party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280. (2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect." "The party making the demand may move for an order compelling response to the demand." (Code of Civil Procedure section 2031.300(b).)
The discovery requests at issue appear reasonably calculated to lead to the discovery of admissible evidence. (See Code of Civil Procedure section 2017.010.) Plaintiff Azieb Kidane failed to timely provide any responses to the interrogatories. Plaintiff's failure to timely respond is not excused. (See Code of Civil Procedure section 2030.290.)
Plaintiff Azieb Kidane shall serve verified, substantive responses free of objections to Plaintiff's Request for Production of Documents, Set One, within 20 days of notice of this order. The court does not find that Plaintiff Azieb Kidane's actions in connection with this discovery were substantially justified. Plaintiff Azieb Kidane shall pay to Defendant $1.060 in sanctions, payable by June 15, 2026. (See Code of Civil Procedure sections 2023.010, 2023.030, 2031.300(c).) Other circumstances make the imposition of additional sanctions inappropriate at this time. To the extent Defendant seeks additional or different relief, the motion is denied.
Moving Party is ordered to prepare a proposed order which repeats the above text verbatim and email it to contestdept302tr@sftc.org prior to the time set for hearing.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) 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.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
Any party who contests a tentative ruling must send an email to contestdept302tr@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. '
The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) | |