Case Number: BC704528 Hearing Date: January 16, 2019 Dept: 2

Defendant’s Motion for Terminating Sanctions, alternatively for Monetary Sanctions, filed on 11/16/18 is DENIED in part.

Discovery sanctions are not to be imposed for punishment, but instead are used to encourage fair disclosure of discovery to prevent unfairness resulting from the lack of information. Midwife v. Bernal (1988) 203 Cal. App. 3d 57, 64.

The sanctions should be “appropriate to the dereliction” and to protect the interests of the party denied discovery. Do It Urself Moving & Storage, Inc. v. Brown, Leifer, Slatkin & Berns (1992) 7 Cal. App. 4th 27, 35.

Terminating sanctions are appropriate where there is outright refusal to comply with discovery obligations. Deyo v. Kilbourne, (1978) 84 Cal. App. 3d 771, 793.

While Plaintiff delayed serving verified responses for nearly five months until Defendant incurred expenses by filing the motion, Plaintiff did ultimately provide verified responses to all discovery. Declaration of J. Schott Humphrey, ¶ 2. Defendant’s Reply does not dispute this.

The Court GRANTS Defendant’s alternative request to impose monetary sanctions of $1,060.00 against Plaintiff, Courtney Goetsch, for the costs incurred to prepare the motion and for Plaintiff’s failure to provide timely responses to an authorized method of discovery, which is discovery abuse. Cal. Code Civil Procedure §2023.010(a)(4).

The Motion to Deem Requests for Admission Admitted and for Monetary Sanctions is GRANTED in part and DENIED in part.

Service of responses to the Requests for Admission prior to the hearing prevents issuance of an order deeming the requests admitted. Cal. Code Civil Procedure §2033.280(c). Declaration of J. Scott Humphrey, ¶ 2.

However, the Court imposes monetary sanctions of $560.00 against Plaintiff, Courtney Goetsch, whose failure to serve a timely response necessitated the motion. Id.

Total sanctions in the amount of $1,620 are payable within thirty (30) days.

Moving party is ordered to give notice.