2016-00197159-CU-DF

Mahmoud Khattab, M.D. vs. Abdelkarim Abulaban

Nature of Proceeding: Motion to Compel 1) Production 2) Form 3) Special 4) Admissions

Filed By: Merritt, Randy R.

Plaintiff Mahmoud Khattab, M.D.’s unopposed motion to compel Defendants’ further discovery responses is granted.

No later than July 19, 2018, Defendants Abdelkarim Abulaban and Nehad Aboras shall serve verified further responses to Plaintiff’s form and special interrogatories (sets one), further responses to requests for admissions (sets one) and requests for production of documents (sets one) together with all responsive documents in their possession, custody and control as requested in the moving papers.

Plaintiff’s request for sanctions is denied as the motion was unopposed. Although California Rules of Court, Rule 3.1348 purports to authorize sanctions if the motion is unopposed, the Court declines to do so, as the specific statutes governing this discovery authorize sanctions only if the motion was unsuccessfully made or opposed. Any order imposing sanctions under the C.R.C. must conform to the conditions of one or more of the statutes authorizing sanctions. Trans-Action Commercial Investors, Ltd. v. Firmaterr, Inc. (1997) 60 Cal.App.4th 352, 355. However, repeated conduct of failing to comply with discovery obligations may lead the Court to find an abuse of the discovery process and award sanctions on that basis. Laguna Auto Body v. Farmers Insurance Exchange (1991) 231 Cal. App. 3d 481.

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or other notice is required.