HIRAM BORUNDA VS. MAKARIZO, INC. ET AL

Set for Law and Motion/Discovery Calendar on Thursday, August 14, 2025, Line 2. PLAINTIFF HIRAM BORUNDA's Motion For Issue And Evidence Sanctions Against Defendant Brooks Brothers Group, Inc.

Plaintiff's motion for issue and evidence sanctions against Brooks Brothers Group, Inc. ("BBGI") is denied.

On April 23, 2025, the court ordered terminated corporation BBGI to produce its PMK witnesses and documents. (Righthand Decl., Ex. H; Friedenthal Decl., Ex. A.) BBGI produced Joseph Dixon and Steve Goldaper to testify and documents that Mr. Dixon obtained from the shirt's manufacturer, TAL Group. Plaintiff complains that the former employee witnesses did not track down documents from BBGI's successor. But CCP 2025.230 only obligates the deponents to testify regarding matters "known or reasonably available to the deponent."

Plaintiff notes that "[w]hen a request for documents is made..., the witness or someone in authority is expected to make an inquiry of everyone who might be holding responsive documents or everyone who knows where such documents might be held." (Maldonado v. Superior Court (2002) 94 Cal.App.4th 1390, 1396.) In Maldonado, however, the PMKs were current employees of the bankrupt entity defendant. Here, BBGI is a terminated entity and it is unclear how BBGI's PMKs (former employees) could easily access documents in the possession of the successor entity. Plaintiff's remedy is to serve a deposition subpoena on the successor entity/s that have the documents. Plaintiff fails to demonstrate willful discovery violations that warrant the requested issue and evidentiary sanctions.

Plaintiff notes in the papers BBGI has yet to pay sanctions ordered by the court, begging the question whether BBGI's answer should stand or whether additional sanctions are appropriate. This, however, was not an issue raised in this motion.

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