Discovery, Mediation, and RFA Sanctions Denied.
Hi, folks. Although we are in the Holidays (busy at that), we do like to report on decisions that have issues of recurring interest to California litigators. The next one should be a case that peaks such an interest and provides resonant lessons to us all — but no good night to all, too early for that.
Resurrection v. Northeast Community Clinic, Case No. B239289 (2d Dist., Div. 5 Dec. 18, 2012) (unpublished) is a situation where an appealing plaintiff was denied monetary sanctions for claimed discovery violations, mediation noncompliance violations, and request for admissions costs-of-proof contentions. Plaintiff also was shut out on appeal. We now list why.
First, on the discovery sanctions. They were properly denied because the defense did provide responses to written discovery requests more than a month before the motion to compel was to be heard and shortly returning from a July 4th vacation. (You got the sense that the meet and confer efforts were not good in this one.)
Second, we come to the settlement/mediation requested sanctions. Plaintiff was upset that an insurance representative did not personally attend (yes, because this was an unusual “consent” policy), although the East Coast representative was available by phone. No abuse of discretion in denying sanctions given the nature of the policy and the representative’s willingness to be telephonically available.
Third, the last request for costs-of-proof sanctions for not admitting requests for admissions which were supposedly proven at trial. (Code Civ. Proc., § 2033.420.) On this one, plaintiff did not prove RFA certification issues at trial and did not move for further RFA responses, so the trial court did not err in failing to grant sanctions.
We hope all you practitioners enjoyed this one!