Motion for Sanctions and Protective Order
Moving Party: Defendant/Cross-Complainant Mohammad Honarkar. Responding Party: Plaintiff/Cross-Defendant Starboard MacArthur Square, LP.
Ruling: Defendant/Cross-Complainant Mohammad Honarkar’s Motion for Discovery Sanctions and Protective Order is DENIED in part and GRANTED in part. (Code Civ. Proc., §§ 2023.030, 2025.420.)
The court declines to exercise its discretion to impose sanctions. (Code Civ. Proc., § 2023.030; Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 991.) Witness Daniel Vittone testified under penalty of perjury that he did not use any notes other than a “stick-em note” in responding to deposition questions. (Bitzer Decl., Ex. 2 [Vittone Depo.] at 139:9-20.) That note was produced to Moving Party during the course of the deposition. Although Vittone appeared to be looking at a second monitor when he provided the deposition testimony at issue, Vittone testified that second monitor was displa........