Discovery, Sanctions: No Abuse Of Discretion In Trial Court’s Order Issuing $6,150 In Sanctions Against Defendant For Failure To Timely Respond To Two Sets Of Discovery Requests Served By Email.

Defendant Did Not Claim Email Service Was Improper Or That Discovery Requests Had Not Been Received, And Did Not Demonstrate That It Acted With Substantial Justification Or That The Sanctions Were Unjust Or Unreasonable.

            Personal injury defendant appealed the trial court’s order issuing $6,150 in sanctions against it – $3,075 each for defendant’s failure to timely respond to two sets of discovery requests – based on the method plaintiff used to serve the requests in Adams v. STN Builders, Case No. G059926 (4^th Dist., Div. 3 January 31, 2022) (unpublished).  The discovery requests had been served only by email, apparently due to COVID-19 protocols, but defendant argued they should have also been served by U.S. Mail.

            In a 3-0 opinion, authored by Justice O’Leary, the 4/3 DCA found defendant’s argument to be without merit. For starters, defendant did not claim that the email service was improper or that the requests had not been received.  Rather, defendant had failed to open the email and its attachment.  Additionally, a previous set of discovery requests had also been served only by email. Finally, plaintiff attempted to resolve the discovery issues through meet and confer efforts even after filing the motions to compel, but defendants failed to comply with plaintiff’s terms for resolution – that full responses be delivered by a specific date/time, and that defendant provide available deposition dates and a compromise on the monetary sanctions.

            Based on defendant’s failure to demonstrate that it acted with substantial justification, or that the sanctions were unjust or unreasonable, the panel affirmed. (Code Civ. Proc., §§ 2030.290(c) and 2031.300(c).)