2011-00102277-CU-BC

Suzanne Ryan-Beedy vs. BAC Home Loans Servicing LP

Nature of Proceeding:    Motion for Sanctions

Filed By:   Poppen, Joseph J.

Defendant Bank of America N.A.’s (“Bank”) motion for issue, evidentiary and monetary
sanctions UNOPPOSED and is GRANTED as follows.

The Bank seeks sanctions for Plaintiff Suzanne Ryan-Beedy’s failure to comply with
this Court’s February 11, 2014 order compelling her responses to Request for
Production (set two) by February 21, 2014.  Plaintiff has not provided her responses.
The Bank also moved to compel Plaintiff’s responses to form interrogatories and to
have request for admissions deemed admitted, which were unopposed.  However, that
discovery does not appear to be at issue here.

During her deposition, Plaintiff testified that she had “three or four” voicemail
recordings in which the Bank’s employee, Kimberley Watson, purportedly stated that
she would “testify on her behalf” regarding Plaintiff’s loan accounts.  As a result, the
Bank propounded Request for Production (set two) seeking: (1) all documents or
recordings that contain any recording or any oral statement by any individual employed
by Bank of America, N.A. or BAC Home Loans Service, LP or acting on their behalf,
(2) all documents or recordings that contain any recording of any oral statement made
by Kimberly Watson, and (3) all documents or recordings that are referred to at
Plaintiff’s deposition transcript at pages 152-55.

The Court agrees with the Bank that evidentiary sanctions are appropriate here.
Plaintiff has failed to respond to discovery and has failed to comply with the Court’s
order.  Accordingly, Plaintiff is precluded from entering any form of evidence that in
any way references any recording, document, or any other tangible thing that contains
or purports to contain evidence, or refer to any recorded oral statement by any
individual that is, or at any time, was employed by Bank of America, N.A. or BAC
Home Loans Service, LP or acting on their behalf.

Monetary sanctions are also awarded to the Bank in the amount of $670 (2 hrs x $305
reasonable rate, plus $60 filing fee.)  Plaintiff shall pay the sanctions by no later than
May 12, 2014.  If Plaintiff fails to pay the sanction by such date, then the Bank may
lodge for the court’s signature a formal order awarding sanctions, which may be
enforced as a separate judgment.  (See Newland v. Superior Court (1995) 40
th
Cal.App.4    608, 615.)

The Bank shall submit a formal order for the Court’s signature pursuant to CRC
3.1312.