Discovery, Sanctions: Litigant’s Response To Document Requests Does Not Need To Specify Which Documents Are Responsive

Discovery Sanctions Were Vacated, With Litigant Also Substantially Complying With Document Production Requirements.

            Plaintiff and his counsel were sanctioned $910 for misusing the discovery process, in Pollock v. Superior Court (Schuster), Case No. B321229 (2d Dist., Div. 1 July 31, 2023) (published), because plaintiff failed to specify what documents were being produced in the statement of compliance response to document requests.  The 2/1 DCA issued a writ of mandate because nothing in the response requirements specified a listing of what documents being produced were correlative to each request.  Further, with respect to production, plaintiff substantially complied by producing a later detailed table which did indicate the documents provided in a voluntary document exchange correlated to each document request.  The $910 sanctions award was vacated and was ordered to be denied. 

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