2010-00091529-CU-FR

Darlyne Andrus vs. Stewart Title Of Placer

Nature of Proceeding:    Motion for Order Compelling Non-Party Witness Kenneth Griffith to

Filed By:  Valinoti, Jack V.

Plaintiff’s Motion to Compel Non-Party Witness Kenneth Griffith to Submit to Continued
Deposition is MOOT. The request for imposition of sanctions is also DENIED.

Defendant Stewart Title served non-party Kenneth Griffith, who resides in Colorado              Springs, Co. with a California Deposition Subpoena and Notice of Taking Deposition,
to appear for his deposition in Sacramento on May 21, 20014.

Kenneth Griffith voluntarily agreed to appear for his deposition in Sacramento on that
date, in exchange for payment of his travel expenses.

Plaintiff complains that after the witness was questioned by counsel for the Stewart
defendants and counsel for the Adair defendants, the third party refused to answer the
questions posed by counsel for the plaintiff and walked out of the deposition.

Plaintiff sought an order of this court that the third party witness, a resident of Colorado
be ordered to return to California to have his deposition completed in San Francisco, at
the office of plaintiff’s counsel.

By letter of June 24, 2014, the Court is advised that the deposition of witness Griffith
proceeded on June 20, 2014. Court advises that “the part of the motion seeking to
compel Mr. Griffith to appear for a continued deposition is moot…” The court agrees.
Plaintiff’s counsel also concedes in the same letter that the part of the motion seeking
evidentiary sanctions is also moot. However, it is noted that the part of the motion
seeking sanctions against Mr. Griffith and Mr. Samaan is not moot.

The Court declines to impose monetary sanctions against a non-party or  sanctions
against defense counsel on the record before it.

The minute order is effective immediately.  No formal order pursuant to CRC Rule
3.1312 or further notice is required.

Item   4     2010-00091529-CU-FR

Darlyne Andrus vs. Stewart Title Of Placer

Nature of Proceeding:      Motion to Compel Further Responses

Filed By:    Corliss, Nicolet E.

Plaintiff Darlyne Andrus’ unopposed motion to compel Defendant Brett Adair’s further
responses is granted.

No later than July 7, 2014, Defendant Brett Adair shall serve further, verified
responses to Plaintiff’s request for production (set one) nos. 1-97 as requested in the
moving papers.

Plaintiff’s request for sanctions is denied as the motion was unopposed.  Although
California Rules of Court, Rule 3.1348(a) purports to authorize sanctions if a motion is
unopposed, the Court declines to do so, as the specific statutes governing the specific
discovery motions (CCP §§ 2031.300(c), 2031.310(h)) authorize sanctions only if the
subject motion was unsuccessfully made or opposed.  Any order imposing sanctions
under the CRC must conform to the conditions of the statutes authorizing sanctions.  (
th
Trans-Action Commercial Investors, Ltd. v. Firmaterr, Inc. (1997) 60 Cal.App.4   352,
355.)  However, repeated conduct of failing to comply with discovery obligation may
lead the Court to find an abuse of the discovery process and award sanctions on that
basis.  (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481.)          The Court notes that in reply Plaintiff argues that sanctions are also available pursuant
to CCP § 2023.020 which provides that “[n]otwithstanding the outcome of the particular
discovery motion, the court shall impose a monetary sanction ordering that any party
or attorney who fails to confer as required pay the reasonable expenses, including
attorney’s fees, incurred by anyone as a result of that conduct.”  However, the notice of
motion contains no reference to that statute and thus provided no notice to Defendant
that sanctions were sought on that basis.  Further, Plaintiff’s counsel’s declaration
reflects that Defendant responded, albeit very briefly, to Plaintiff’s counsel’s meet and
confer efforts.  Sanctions on this basis are denied.

The minute order is effective immediately.  No formal order pursuant to CRC Rule
3.1312 or other notice is required.