KEVIN SLAY ET AL VS JACOB DAUBENSPECK

Case Number: BC593341 Hearing Date: May 09, 2016 Dept: 97

41

KEVIN SLAY,
Plaintiff,
v.

JACOB DAUBENSPECK, et al.,
Defendants.
Case No.: BC593341

Hearing Date: May 9, 2016

[TENTATIVE] ORDER RE:

MOTIONS TO COMPEL DEFENDANT JACOB DAUBENSPECK TO PROVIDE RESPONSES TO FORM INTERROGATORIES (SET ONE) AND REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE)

On October 19, 2015, Plaintiff Kevin Slay (“Plaintiff”) served Defendant Jacob Daubenspeck (“Defendant”) with Form Interrogatories (Set One) and Request for Production of Documents (Set One). As of the filing of the present motions, Defendant had not responded to Plaintiff’s discovery.

In Opposition, Defendant states that Defendant provided complete and verified responses to Plaintiff’s written discovery on April 19, 2016. Thus, Plaintiff’s motion is moot except as to sanctions.

With respect to Plaintiff’s request for sanctions, the Court finds that Defendant has not provided adequate justification for Defendant’s failure to respond to Plaintiff’s discovery. Defendant’s counsel states that Defendant relocated to Oregon and has a protective father, causing an unavoidable delay in obtaining Defendant’s discovery responses. Though this may excuse Defendant’s counsel’s delay in providing the discovery responses, the aforementioned circumstances do not excuse Defendant from timely responding to discovery.
Defendant is ordered to pay monetary sanctions in the amount of $955.00 to Plaintiff, by and through counsel, within twenty days of notice of this order. (CCP §§2030.290(c) and 2031.300(c).)

Plaintiff is ordered to provide notice of this order.

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