Motion To Compel Plaintiff Thomas Libbys Responses To Defendants 1st Set Of Discovery Requests, And For An Award Of Monetary Sanctions Against Plaintiff
Matter on the Law & Motion/Discovery Calendar for Wednesday, September 3, 2025, line 3, DEFENDANTS MARINA CAHUA, JUAN SALAZAR'S Motion To Compel Plaintiff Thomas Libbys Responses To Defendants 1st Set Of Discovery Requests, And For An Award Of Monetary Sanctions Against Plaintiff
Defendants Marina Cahua and Juan Salazar's motion to compel Thomas Libby's responses to discovery is granted. Libby is ordered to pay sanctions of $1,430 to Cahua within 30 days of notice of entry of this order.
Cahua served a first set of form interrogatories, special interrogatories, and requests for production of documents on Libby on January 29, 2025. (Mandal Dec., Exs. C, D, E.) Libby responded on February 14, 2025, asking for a mailed copy. (Id. Ex. F.) The Mandal declaration states that Cahua re-served these documents by mail on March 21, 2025. (Id. para. 9.) Libby has not responded. (Id. para. 12.)
Libby has waived his objections by failing to respond and is ordered to serve complete, verified, and objection-free responses to their first set of form interrogatories, first set of special interrogatories, and first set of requests for production of documents, within 20 days of notice of entry of this order. (See Code Civ. Proc. section 2029.290, subd. (c); id. section 2031.300, subd. (c).)
Sanctions are appropriate on a discovery motion where the objecting party does not act with substantial justification in its discovery compliance, even where she does not oppose the motion. (See Code Civ. Proc. section 2029.290, subd. (c); id. section 2031.300, subd. (c); Rule of Court 3.1348(a).) The court reduces the requested sanction amount to reflect that Libby did not oppose the motion. The court orders Libby to pay $1205 to Cahua within 30 days of notice of entry of this order.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
The court no longer provides a court reporter in the Law & Motion or Discovery Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. = (302/CVA) | |