Court Sanctions Plaintiff and Counsel for Misuse of Discovery Process, Including Failing to Reveal That Relevant Cell Phones were Discarded
Moreno v. Ostly, No. A127780, 2011 WL 598931 (Cal. Ct. App. Feb. 22, 2011)
After initially resisting discovery, plaintiff produced a laptop and cellular phone for examination. Upon inspection, it was discovered that neither device was in use during the relevant time period. Moreover, the relevant devices were no longer in plaintiff’s possession. When challenged as to why this was not disclosed initially, counsel explained that he was torn between his “competing duties” of protecting his client and candor to the court. Rejecting plaintiff’s and her counsel’s explanations, the court entered monetary sanctions against them. On appeal, the sanctions were affirmed.