HCMC Legal v. Hartstein CA2/4
Opinion
Opinion
INTRODUCTION
The Code of Civil Procedure requires that monetary sanctions be imposed against any party or attorney who fails to meet and confer before bringing certain discovery motions. (Code Civ. Proc., §§ 2023.020, 2025.480.) Here, a plaintiff subpoenaed business records from a third party. The third party responded with objections and refused to produce any documents. When the plaintiff moved to compel, the third party argued the motion was untimely and that the plaintiff failed to meet and confer before bringing the motion as required by the Code of Civil Procedure. The trial court agreed and denied the motion to compel as untimely. The court then proceeded to impose a monetary sanction of $20,000 against the plaintiff for failing to meet and confer before bringing the motion to compel. The plaintiff now appeals, arguing the trial court both erred in concluding that the plaintiff failed to meet and confer, and abused its discretion in setting the amount of the monetary sanction. As the trial court’s determination was supported by substantial evidence and the plaintiff has failed to establish any abuse of the court’s discretion, we affirm.