Lawzilla Additional Information: It is Lawzilla’s understanding the final order by the judge doubled the sanctions to $6000. Defense counsel is led by attorney Tim Robinett

18-CIV-06391 MICHAEL REZOS VS. AUTOBHAN, INC., ET AL.

MICHAEL REZOS AUTOBHAN, INC.
HALLEN D. ROSNER TIMOTHY D. ROBINETT

PLAINTIFF MICHAEL REZOS’ REQUEST FOR SANCTIONS AGAINST DEFENDANTS AUTOBAHN, INC., JPMORGAN CHASE BANK, AND HARTFORD FIRE INS. CO., TENTATIVE RULING:

Plaintiff Michael Rezos’ request for sanctions against Defendants Autobahn, Inc., JPMorgan Chase Bank, and Hartford Fire Ins. Co., made as part of Plaintiff’s 12 separate discovery motions with hearing dates of Aug. 13, Aug. 14, and Aug. 28, 2019, is GRANTED-IN-PART, as set forth below.

Plaintiff filed 12 separate motions to compel further responses to written discovery requests—4 motions against each of Defendants Autobahn, Inc., JPMorgan Chase Bank, and Hartford Fire Ins. Co. The 12 motions were set for hearing on Aug. 13, Aug. 14, and Aug. 28, 2019. Defendants then served further responses to the discovery requests before the Aug. 13-14 hearings. Accordingly, at the Aug. 13-14 hearings, the Court found the underlying motions were moot, but reserved the sanctions issue for determination at the Aug. 28 hearing. See Aug. 13-14 Minute Orders.

In their Oppositions, Defendants argue the 12 Notices of Motion are all defective because they notice a hearing location in Los Angeles, Ca. While true, there appears to be no prejudice because Defendants recognized this mistake and have opposed the motions on their merits.

Defendants also argue Plaintiff waived his right to file the motions by waiting more than 45 days after Defendants served responses. This argument lacks merit because Defendants’ original responses/objections were not verified. See, e.g., Code Civ. Proc. § 2030.300(c) (45-day rule only triggered by verified responses).

Without revisiting every argument raised in the papers, the Court agrees sanctions are warranted, albeit in a substantially reduced amount. All three Defendants served supplemental responses only after Plaintiff moved to compel, and thus tacitly admitted further responses were warranted. Defendants’ Oppositions do not meaningfully defend the asserted objections. However, Plaintiff’s request is greatly inflated. Plaintiff could have filed 3 motions rather than 12—one for each Defendant. Further, all 12 motions seek the same $2,225 that Plaintiff apparently spent attending the 5-30-19 mediation. The Court declines to include mediation-related fees/costs as part of sanctions since they are not directly related to these motions to compel.

Considering the arguments raised in the papers, the Court grants Plaintiff’s request for sanctions in the amount of $1,000 against each of Defendants Autobahn, Inc., JPMorgan Chase Bank, and Hartford Fire Ins. Co. and their counsel, jointly and severally ($3,000 total), to be paid to Plaintiff within 20 days of this Order.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.