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Keywords

discoverynegligenceappealtrialmotioncompliance
lawsuitplaintiffdefendantdamagesdiscoverymotioncompliance

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Doe v. United States Swimming, Inc., 200 Cal.App.4th 1424, 133 Cal.Rptr.3d 465, 11 Cal. Daily Op. Serv. 14,149, 2011 Daily Journal D.A.R. 16,829

Facts

The case arose when Jane Doe, a 15-year-old swimmer, alleged that her coach, Andrew King, had sexually molested her. U.S. Swimming was accused of negligence in hiring and supervising King, who had a history of molesting underage swimmers. After the court ordered U.S. Swimming to produce documents related to complaints against coaches, the organization provided heavily redacted documents, leading Doe to file a motion to compel compliance with the discovery order.

Plaintiff's 'lawsuit involves a claim for damages resulting from the sexual molestation and abuse of plaintiff, a 15–year–old female, by her swim coach, Andrew King' who was employed by U.S. Swimming.

Issue

Did the trial court abuse its discretion in imposing monetary sanctions against U.S. Swimming for failing to comply with a discovery order?

U.S. Swimming argues that imposition of monetary sanctions was an abuse of discretion since it had complied with the August 6, 2010 discovery order and the court refused to confirm this by conducting an in camera inspection of an unredacted version of the documents produced.

Rule

A party may be sanctioned for misusing the discovery process, including failing to comply with a court order to provide discovery or opposing a motion to compel without substantial justification.

Misuses of the discovery process include but are not limited to disobeying a court order to provide discovery and opposing, unsuccessfully and without substantial justification, a motion to compel … discovery.

Analysis

The court found that U.S. Swimming's extensive redactions of documents were not justified and that the organization failed to comply with the discovery order. The court determined that U.S. Swimming did not act with substantial justification in opposing the motion to compel, as their interpretation of the protective order was overly broad and unreasonable.

The court found that U.S. Swimming's failure to comply with the August 6, 2010 order and its opposition to the motion to compel compliance were 'without substantial justification.'

Conclusion

The Court of Appeal affirmed the trial court's decision, holding that U.S. Swimming acted without substantial justification and upheld the imposition of monetary sanctions.

The court ordered defendant U.S. Swimming to 'pay monetary sanctions to plaintiff in the amount of $5,250.00.'

Who won?

Jane Doe prevailed in the case because the court found that U.S. Swimming failed to comply with discovery orders and did not provide substantial justification for its actions.

The court found that U.S. Swimming's failure to comply with the August 6, 2010 order and its opposition to the motion to compel compliance were 'without substantial justification.'

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