2008-00013502-CL-OR

Carmichael Canterbury Village Owners vs. Michael Joseph

Nature of Proceeding: Motion to Compel Production of Documents

Filed By: Wisniewski, Ashley M.

Cross-Defendant Carmichael Canterbury Village Owners’ Association’s (“CCVOA”)
motion to compel cross-complainant Michael Joseph’s responses to request for
production of documents (set two) is granted.

Cross-complainant argues that the motion should be denied because CCVOA has
failed to produce documents it agreed to produce and thus it was reasonable for him to
condition his response to CCVOA’s requests on its agreement to produce the
promised documents. This argument must be rejected as this demand was not made
until October 2013 at which time his responses were already overdue, given they were
due on September 24, 2013. In any event, Cross-Complainant’s obligation to respond
to discovery is independent of CCVOA’s obligation with respect to his discovery
requests. Thus, this argument is rejected and provides no basis upon which to deny
the motion.

Cross-Complainant also argues that the motion should be denied because he has
already produced the documents that were requested in CCVOA’s request for
production (set two). While documents may have been served, responses to the
request for production are what CCVOA seeks by way of this motion. Thus, service of
documents does not affect the outcome of a motion seeking responses to the request
for production.

The Court notes that CCVOA also appears to seek the actual production of
documents. Such motion, however, is premature at this time given Cross-Complainant
has yet to respond to the requests for production. A motion to compel production of
documents will lie where a party agrees to produce documents in his or her response
to a request for production and then fails to produce in compliance with that
agreement. (CCP § 2031.320(a).) In any event, the notice of motion only cites CCP §
2031.300 which deals with a motion to compel responses, not production of
documents.

No later than December 17, 2013, Cross-Complainant Michael Joseph shall serve
verified responses, without objections, to Cross-Defendant’s request for production
(set two).

CCVOA’s request for monetary sanctions pursuant to CCP § 2031.300(c) is granted.
Cross-complainant’s opposition was without substantial justification as he offered no
legitimate reason why he should not have to respond to CCVOA’s properly served
discovery requests. Cross-Complainant shall pay to CCVOA a monetary sanction in
the amount of $735 ($225/hr x 3 hrs + $60 filing fee). The monetary sanction is to be
paid on or before January 3, 2014. If the sanction is not paid by that date, Plaintiff may
prepare for the court’s signature a formal order granting the sanction, which may be
enforced as a separate judgment. (Newland v. Superior Court (1995) 40 Cal.App.4th
608, 615.)

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