2015-00186245-CU-PO

Thomas Knowles vs. Windsor El Camino Care Center, LLC

Nature of Proceeding: Motion to Compel 1) Depositions of PMQ 2) Production of Documents

Filed By: Renneisen, Jay P.

Plaintiff’s Motion to Compel Compliance with the Court’s May 7, 2018 order is granted.

On May 7, 2017, the Court ordered the depositions of the PMQ re Audit Trail Logs and Production. Plaintiff states that despite the fact that the deposition of the PMQs were supposed to have been taken by May 28, 2018, Defendants failed to provide deposition dates despite plaintiff’s meet and confer efforts. Plaintiff states defendants have also failed to pay the $1,160 sanctions ordered on May 7, 2018.

In opposition, defendants state they intend to comply with the court order and that sanctions ordered to be paid in the May 7 order have now been paid. Defendants do not oppose the taking of the deposition, only the issuance of monetary sanctions. Counsel for defendants contends that due to several factors including a lengthy vacation, her lack of knowledge of the May 7 minute order, and the failure to understand the May 7, 2018 discovery order when it was forwarded to her by plaintiff’s counsel on August 27, 2018, the defendants failed to comply with the court order. Counsel states that as soon as she received this motion, filed on September 14, 2018, she “discovered” the May 7 order of which she had not previously been aware. The parties have agreed that the deposition will go forward on October 23, 2018. (Deposition of Rachel K. Mandelberg)

The Court orders the deposition of the PMQ as well as the production of documents to go forward on October 23, 2018, or as otherwise agreed by counsel.

In reply, plaintiff asks that the court order the documents be produced by 10:00 a.m. the business day before the opposition, which is Monday October 22. As neither the May 7, 2018 ordered that the documents be produced one day before, nor did the moving papers on this motion to compel compliance with court order request this relief,

that request is denied.

The court is awarding sanctions to plaintiff on the basis that defendants failed to obey the court order of May 7, 2018 and have failed to show facts constituting a reasonable excuse for not complying with the Court order. The failure to obey the court order necessitated this motion. Counsel for plaintiff is entitled to sanctions to cover the costs incurred in bringing this motion. Defendants Windsor El Camino Care Center, LLC; S&F Management Company, LLC, and S&F Management Company, Inc., jointly and severally, are ordered to pay monetary sanctions to plaintiffs in the reasonable amount of $1,710 (three hours plus filing fees) pursuant to CCP 2025.450((h). The Court is not awarding sanctions against counsel because the notice of motion failed to seek sanctions against counsel. CCP 2023.040.

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