Sproul v. Myer et al.

Plaintiff’s four motions to compel Defendants Alissa Gail Myer and Barbara Myer to Respond to Request for Supplemental Interrogatories, Set Two and Demand for Production of Documents, Set Two, and for sanctions filed on 01/14/20 are GRANTED in part and DENIED in part. The motions to compel responses are DENIED as moot MOOT. Defendants served responses to the discovery at issue after the motion was filed.

The motions are GRANTED with respect to the requests for sanctions. The Court imposes sanctions in the total sum of $1000 against Defendants’ counsel of record, Adam Wright, Esq. and Veatch Carlson, LLP for failure to respond to authorized methods of discovery, which constitutes discovery abuse, and whose conduct necessitated motion practice. (Code Civ. Proc. §2023.010(a)(4); § 2033.280(c).) The Court declines to impose sanctions against Defendants because defense counsel presented evidence that the failure to respond was due to counsel’s mistakes and not the conduct of Defendants.

Moving parties are ordered to give notice.