Notice Of Motion And Motion To Compel Plaintiff Whitney Daviss Discovery Responses And Request For Sanctions
Set for Law and Motion/Discovery Calendar on Tuesday, September 16, 2025, Line 8. DEFENDANT ANNIE LEONG'S Motion To Compel Plaintiff Whitney Daviss Discovery Responses And Request For Sanctions.
Defendants' motion to compel discovery is denied. Plaintiff's counsel explains that his failure to provide the responses was due to a calendaring error and he subsequently provided objection-free substantive responses to the discovery. (Purtell Decl., par. 3; Exs. A-C.) That aspect of the motion is therefore moot. To the extent defendants contend that the responses are insufficient, that issue is not properly before the court at this time and the parties shall meet and confer.
Per CRC 3.1348(a), the court may still award monetary sanctions. The court denies each side's request for sanctions as neither party acted with substantial justification. Defendant is correct that it technically did not have to meet and confer prior to filing this motion. (See Leach v. Superior Court (1980) 111 Cal.App.3d 902, 906.) But the record demonstrates that a simple phone call (a civil professional courtesy) could have averted this motion, and this should have been apparent to Defendants and acted on by Defendants. They elected not to do so at their peril. Courts have disfavored such hardball tactics in analogous situations. (Lasalle v. Vogel (2019) 36 Cal.App.5th 127, 135-136 [noting that while there is no legal duty to warn prior to obtaining a default, there is an ethical duty].) On this record, this court will not bless them with an award of sanctions.
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