Paul Richard v. Ladera Plaza, 15CV-0513
Hearing: Motion to Compel Further Supplemental Discovery
Date: August 15, 2019

On September 22, 2015, Paul Richard (“Plaintiff”) filed this personal injury action arising from a
trip and fall incident that occurred on August 1, 2014. Plaintiff was working at Oak Harbor
Freight Lines in Arroyo Grande, California, and fell while at property owned by Defendant
Ladera Plaza, LLC, and managed by Defendant Glenn Martin Company (“Glenn Martin”).
Plaintiff sustained severe injuries to his left leg that eventually caused his left leg to be
amputated below the knee.

Glenn Martin moves here (1) to compel Plaintiff to serve further responses to supplemental
discovery (supplemental interrogatories for its form and special interrogatories, and
supplemental requests for production of documents); (2) requesting monetary sanctions against
Plaintiff Paul Richard in the amount of $3,314, and ; (3) requesting an evidentiary sanction
precluding Plaintiff from utilizing at trial any corrected, updated, or additional information or
document that is discovered to have been in Plaintiff’s possession, custody, or control at the time
of his further supplemental responses, but which is not provided to Glenn Martin in response to
this motion. Glenn Martin submitted a separate statement and declaration from counsel in
support of its motion.1

Plaintiff opposes the motion.

Glenn Martin seeks further responses to all of the supplemental discovery, but highlights certain
interrogatories and requests. Glenn Martin explains that the responses were originally due on or
before April 16, 2019, and that it provided multiple extensions of time for Plaintiff to respond,
and allowed Plaintiff to select a response date by which he could obtain the information and
documents. Glenn Martin sets forth good cause for the production in its motion and in its
declaration from counsel. It further sets forth various agreements reached between the parties
regarding production of Plaintiff’s cell phone records and financial records.

Plaintiff agrees that Defendant is entitled to the information that is being sought in the instant
motion, and sets forth his plan to provide the information and documents to Glenn Martin.
Plaintiff explains that the delay in providing this information is due to Plaintiff’s pain, and that
his poor medical condition following the amputation of his leg prevents him from moving this
case towards resolution. Plaintiff asserts that right now, due to his pain, his focus is on recovery.
Plaintiff notes that the parties have been in contact regarding the discovery. Plaintiff states that
the supplemental responses stated that Plaintiff had no new information because Plaintiff had not
obtained any new information at the time they were served. Plaintiff argues he is not maliciously
refusing to comply and participate, but that his participation has been difficult due to his medical
1
The declaration sets forth that the parties met and conferred prior to filing this motion.

2
condition. Plaintiff argues that it will be prejudicial to him to have to pay $3,314 in sanctions,
and he has lost his job and is on limited disability. Plaintiff therefore requests that Defendants’
motion and its request for monetary sanctions be denied.

In reply, Glenn Martin argues that monetary sanctions are mandatory, because it is clear that
Plaintiff and/or his attorneys have acted without substantial justification and there is no evidence
or other circumstances that would make the imposition of sanctions unjust. Glenn Martin points
out that Plaintiff has acknowledged that he has received additional healthcare, yet his response
stated that under oath he had “no additional information” to provide.

Plaintiff’s opposition also names eleven additional sources of information regarding Plaintiff’s
medical care and treatment that were not acknowledged in the responses. Glenn Martin argues
that Plaintiff could at least have provided information that these additional healthcare providers
existed.

Plaintiff’s counsel further stated that they would provide further supplemental responses to the
meet and confer on or before June 14, 2019, and provided no communication or explanation
when they failed to do so. Glenn Martin argues that Plaintiff provides no declaration or evidence
that Plaintiff’s medical condition prevented him from responding to the discovery, and that it has
been months since Plaintiff’s February 21, 2019 surgery.

Plaintiff agrees that Glenn Martin is entitled to the information sought, and that he has not yet
provided it. Plaintiff is compelled to provide further verified responses to the Supplemental
Interrogatories and Supplemental Request for Production of Documents (Exhibit H) for all
previously served discovery (Exhibits A-C) without objections2

, and produce all responsive

documents, within 20 days of service of notice of this order.
Glenn Martin is awarded $3,314 in monetary sanctions against Plaintiff3

, representing counsel’s
hours spent on the motion and hearing at a rate of $150 per hour for associate Catherine Hall,
and $160 per hour for Jay Hieatt. (Hieatt Decl.) It has now been four months since the
discovery responses were originally due, and Glenn Martin was cooperative in granting
extensions of time to respond. The Court has sympathy for Plaintiff’s medical condition, but he
has brought this lawsuit and has obligations to respond to discovery. Moreover, Plaintiff failed
to communicate with Glenn Martin’s counsel when they passed their June 14, 2019 deadline
without providing further responses and documents, rather than attempting to notify and work
with counsel.

Glenn Martin’s request for an evidentiary sanction is denied without prejudice. Should Plaintiff
withhold documents, the Court would be willing to consider a renewed request as a motion in
limine prior to trial.
2
Plaintiff did not assert any objections in his original supplemental responses and may not now assert them.
3
Glenn Martin’s notice of motion and declaration in support only request sanctions against Plaintiff, not against
his counsel.