17-CIV-00991 NOLAN CONSTRUCTION AND DESIGN VS. LUIS BALENKO, ET AL.

NOLAN CONSTRUCTION AND DESIGN LUIS BALENKO
CRAIG S. JONES KATHRYN S. DIEMER

MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANTS STEPHANIE CHEVENERT AND LUIS BALENKO; REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $1,350.00 BY NOLAN CONSTRUCTION AND DESIGN TENTATIVE RULING:

The Motion of Plaintiff Nolan Construction and Design, Inc. (“Plaintiff”) to Compel Further Responses to Plaintiff’s Request for Production of Documents from Defendants Stephanie Chenevert and Luis Balenko (“Defendants”) and Request for Monetary Sanctions is DENIED as untimely.

Any party shall be entitled as a matter of right to have motions concerning discovery heard on or before the 15th day before the date initially set for the trial of the action. (C.C.P. §2024.020(a).) In this case, the hearing on this motion is set 13 days before the initial trial date and, therefore, is untimely.

On motion of any party, the Court may grant leave to complete discovery proceedings or to have a motion concerning discovery heard closer to the initial trial date or to reopen discovery after a new trial date has been set. (C.C.P. §2024.050(a).) It does not appear that Plaintiff brought a motion to have this discovery motion heard closer to the initial trial date. Although Plaintiff brought an ex parte application to shorten time for this motion, there is no indication in the ex parte papers or the Court’s order that Plaintiff was moving for leave to complete discovery closer to the trial date or that the Court granted such a motion.

Plaintiff’s Request for Monetary Sanctions is DENIED.

Defendants’ Request for Monetary Sanctions is GRANTED IN PART in the amount of $1,400.00, payable by Plaintiff on or before March 1, 2019.