Case Number: BC675001 Hearing Date: June 05, 2018 Dept: 3

ELLEN FAYE FULLER, ET AL.,

Plaintiff(s),

vs.

CITY OF LONG BEACH, ET AL.,

Defendant(s).

CASE NO: BC675001

[TENTATIVE] ORDER DENYING MOTION FOR TERMINATING SANCTIONS; DENYING REQUEST FOR AN OSC RE: CONTEMPT, IMPOSING MONETARY SANCTIONS

Dept. 3

1:30 p.m.

June 5, 2018

The Court was originally scheduled to hear Defendant’s motion for terminating sanctions, for imposition of an OSC re: contempt, and/or for other sanctions on 4/25/18. Prior to the hearing, the Court issued a tentative ruling granting the motion for terminating sanctions and denying all other requests for relief.

Both parties, through their attorneys of record, appeared at the hearing. Plaintiffs represented that they had served verified responses, without objections, on the same date as the hearing, and requested a ruling denying the motion. Defendant indicated an intent to review the responses prior to making a determination as to whether to take the motion off calendar or not. The Court continued the hearing on the motion to 6/05/18 to permit Defendant to review the responses, and requested Defendant use the online reservation system to cancel the reservation if Defendant believed the motion was moot.

To date, Defendant has not taken the motion off calendar, and has not filed any additional briefing. The Court does not have copies of the discovery responses in its possession, and has not reviewed them to determine whether they are sufficient.

The motion for terminating sanctions and/or an OSC re: contempt is denied. The Court does not typically impose terminating sanctions or contempt sanctions when responses are served, even if responses are served very late and/or are ultimately deemed insufficient.

The alternative motion for monetary sanctions is granted. The Court finds Plaintiffs’ abuse of the discovery process necessitated the drafting of the motion and the hearings on the motion. Defendant seeks sanctions in the amount of $1403.57. The Court finds the amount reasonable and supported by the Declaration of Massero; this is especially true because two hearings were ultimately made necessary by Plaintiffs’ discovery abuse. Sanctions are sought and imposed against Plaintiffs and their attorney of record, jointly and severally; they are ordered to pay sanctions to Defendant, by and through its attorney of record, in the total amount of $1403.57, within twenty days.

Defendant is ordered to give notice.