DAVID GUTEKUNST VS. LINDSAY BRENNAN ET AL

SF Superior Court - Law & Motion / Discovery Dept 301 - CGC24614383 - July 29, 2025 Hearing date: July 29, 2025 Case number: CGC24614383 Case title: DAVID GUTEKUNST VS. LINDSAY BRENNAN ET AL Case Number: | | CGC24614383 | Case Title: | | DAVID GUTEKUNST VS. LINDSAY BRENNAN ET AL | Court Date: | | 2025-07-29 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion To Compel Plaintiff Crossdefendant David Gutekunst, David Gutekunst Trustee Of David C Gutekunst Living Trust Dtd 62504 To Respond To Discovery Requests, Memorandum In Support Thereof, Request For Sanctions | Rulings: | | Matter on the Law & Motion/Discovery Calendar for Tuesday, July 29, 2025, line 3, DEFENDANT LINDSAY BRENNAN, CHRIS TAVELLI'S Motion To Compel Plaintiff Crossdefendant David Gutekunst, David Gutekunst Trustee Of David C Gutekunst Living Trust Dtd 62504 To Respond To Discovery Requests, Request For Sanctions

Defendant and Cross-Complainant Lindsay Brennan's motion to compel David Gutekunst to respond to her Form Interrogatories, Special Interrogatories, and Requests for Production of Documents, and for sanctions, is granted. Gutekunst failed to timely respond to this discovery and has thereby waived objections. (CCP 2030.290(a), 2031.300(a).) Gutekunst is ordered to serve verified responses, without objections, accompanied by responsive documents within 20 days of entry of this order.

Brennan also seeks sanctions. The relevant statutes (CCP 2030.290(c) and 2031.300(c)) provide that the court shall impose monetary sanctions against a party who opposes a motion to compel "unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust." Sanctions are appropriate on a discovery motion where the objecting party does not act with substantial justification in its discovery compliance, even where the party does not oppose the motion. (See Rule of Court 3.1348(a).)

Considering all the circumstances here, the court finds that sanctions are warranted and the amount Brennan requests is reasonable, except that the court deletes one hour of reply brief time because no substantive opposition was made. Gutekunst is ordered to pay sanctions of $1,860 to Brennan within 30 days 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.