Case Number: BC687632 Hearing Date: August 07, 2018 Dept: 7

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO COMPEL SITE INSPECTION AND TANGIBLE THINGS AND MONETARY SANCTIONS; MOTION GRANTED

On December 20, 2017, Plaintiff Carrie Garcia (“Plaintiff”) filed this action against Defendant S.D.P. Investments, Inc. (“Defendant”) for negligence and premises liability relating to a March 26, 2017 slip and fall incident. On March 3, 2018, Plaintiff served a Demand for Inspection on Defendant. (Declaration of Avo Zorabian, ¶ 3.) Defendant objected to the site inspection. (Zorabian Decl., ¶ 4.) On August 2, 2018, the parties participated in an IDC with the Court and the discovery issues were resolved. However, Plaintiff seeks monetary sanctions.

The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even where the requested discovery was provided to the moving party, where the responding party’s actions necessitated the motions to compel. (Cal. Rules of Court, Rule 3.1348(a).)

The objections to the request for a site inspection were not well founded. The request for monetary sanctions is GRANTED and sanctions are imposed against Defendant and defense counsel, jointly and severally, in the amount of $660.00 for two hours at Plaintiff’s counsel’s hourly rate and the $60.00 filing fee, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.