The motion is procedurally defective.
Here, Moving Party contends [in part] that issue sanctions are warranted because the Plaintiff allegedly destroyed documents that are responsive to numerous discovery requests, and have not and cannot produce them due to their deletion.
MP relies on authorities authorizing imposition of issue sanctions under the discovery statutes. (Moving papers at 8:4-10:28, 12:7-13:18, 14:23-15:6.) Thus, as the motion “involv[es] the content of a discovery request or the responses to such a request,” and seeks issue sanctions.
CRC 3.1345(a) states in pertinent part:
Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. The motions that require a separate statement include a motion: … (7) For issue or evidentiary sanctions.
Moving Party has not complied with this mandatory requirement and can be denied on this ground alone.
MERITS The motion also has problems on the merits for sever
Hearing Date
October 01, 2016
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The motion is procedurally defective.
Here, Moving Party contends [in part] that issue sanctions are warranted because the Plaintiff allegedly destroyed documents that are responsive to numerous discovery requests, and have not and cannot produce them due to their deletion.
MP relies on authorities authorizing imposition of issue sanctions under the discovery statutes. (Moving papers at 8:4-10:28, 12:7-13:18, 14:23-15:6.) Thus, as the motion “involv[es] the content of a discovery request or the responses to such a request,” and seeks issue sanctions.
CRC 3.1345(a) states in pertinent part:
Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. The motions that require a separate statement include a motion: … (7) For issue or evidentiary sanctions.
Moving Party has not complied with this mandatory requirement and can be denied on this ground alone.
MERITS The motion also has problems on the merits for sever