Opinion

Lai

Court
District Court, N.D. California
Filed
Jul 30, 2026
Cited by
0 cases

The opinion

1

2

3

4 UNITED STATES DISTRICT COURT

5 NORTHERN DISTRICT OF CALIFORNIA

6

7 XIAOYONG LAI, Case No. 5:24-cv-06470-NW (SVK)

8 Plaintiff, ORDER GRANTING IN PART AND

DENYING IN PART WITHOUT

9 v. PREJUDICE PLAINTIFF’S MOTION

FOR DISCOVERY SANCTIONS

10 MENG JING LU and LU ZHANG,

Re: Dkt. No. 105

11 Defendants.

12

13 Before the Court is Plaintiff Xiaoyong Lai’s Motion for Sanctions against Defendants

14 Meng Jing Lu (“Defendant Lu”) and Lu Zhang (“Defendant Zhang”).1 Dkt. 105 (the “Motion”).

15 Plaintiff contends that Defendants violated the Court’s prior discovery order by refusing to

16 provide adequate responses to Plaintiff’s interrogatories (“ROGs”) and requests for production of

17 documents (“RFPs”), and by failing to appear for their noticed depositions. Motion at 8. Plaintiff

18 further contends that these alleged deficiencies warrant the imposition of terminating sanctions

19 under Rule 37(b)(2)(A).2 Id. Defendants oppose the Motion. Dkt. 107 (the “Opposition”). The

20 Court finds the Motion suitable for resolution without oral argument. Civil L.R. 7-1(b). Having

21 considered the Parties’ submissions, the relevant law and the record in this action, the Court

22 GRANTS IN PART and DENIES IN PART, partially with and partially without prejudice, the

23 Motion as specified below.

24 ////

25 ////

26

27 1 Plaintiff has also filed motions to reopen discovery and for partial summary judgment. Dkts.

1 I. BACKGROUND

2 This action arises out of a dispute between Plaintiff, an attorney, and his former client,

3 Defendant Lu. See Dkt. 1. Plaintiff, appearing pro se, brings claims against Defendant Lu for

4 unpaid attorney’s fees, as well as claims for conspiracy and fraudulent transfer, alleging that

5 Defendant Lu transferred real property to her niece, Defendant Zhang, to avoid paying the debt.

6 See id. Defendant Lu, in turn, asserts several counterclaims against Plaintiff and alleges that she

7 has filed a complaint against him with the California State Bar. Dkt. 67 ¶¶ 24, 68-85.

8 On March 3, 2026, Plaintiff served interrogatories and requests for production (“RFPs”) on

9 Defendants. Dkt. 92 ¶ 4. On March 5, 2026, Plaintiff noticed the depositions of Defendants for

10 April 1 and 2, 2026. Id. The present Motion follows Plaintiff’s subsequent efforts to obtain

11 responses to these written discovery requests and secure Defendants’ attendance at their

12 depositions.

13 A. Defendants’ First Deficient Responses and The Court’s Order

14 The underlying discovery dispute first came before the Court in May 2026. On May 15,

15 2026, the Parties filed a joint discovery letter in which Plaintiff identified several alleged

16 deficiencies in Defendants’ responses to his discovery requests. Dkt. 97. Specifically, Plaintiff

17 asserted that Defendant Zhang had failed to respond to any of Plaintiff’s written discovery

18 requests, Defendant Lu had served responses consisting almost entirely of objections and neither

19 Defendant had appeared for their noticed depositions. Id. at 2.

20 On May 20, 2026, the Court issued an order compelling Defendants to provide further

21 discovery responses and attend depositions. Dkt. 100 (the “Prior Order”). The Court ordered

22 Defendant Zhang to respond to all written discovery requests without objection. Prior Order at 2.

23 With respect to Defendant Lu, the Court considered each of her objections to Plaintiff’s

24 interrogatories and RFPs, together with the Parties’ stipulated and adopted model protective order

25 (Dkt. 99) and provided detailed guidance regarding the scope of her required responses to each

26 request. Dkt 100-1. The Court also ordered both Defendants to make themselves available for

27 depositions and produce the documents identified in their deposition notices. Prior Order at 2.

1 B. Defendants’ Second Responses

2 As of the filing of this Order, Defendants have not made themselves available for

3 deposition. Id ¶¶ 20, 23. Defendants did, however, supplement their responses to Plaintiff’s

4 interrogatories and RFPs, dated May 20, 2026 and verified May 23, 2026, (see, e.g. Dkt. 106-2 at

5 10), which Plaintiff received on May 29, 2026. See Dkt. 106 ¶ 7.

6 On July 10, 2026, Plaintiff filed the present Motion arguing that, in their written responses,

7 Defendants “produced only a minimal number of documents and refused to provide any

8 meaningful responses or documents regarding the alleged fraudulent transfers.” Motion at 7-8;

9 see also Dkt. 106-1 at 2-3. This conduct, Plaintiff argues, constitutes a direct violation of the Prior

10 Order and warrants the imposition of discovery sanctions under Rule 37(b)(2)(A). Motion at 8.

11 Defendants disagree, asserting that their written responses fully complied with the Prior

12 Order; “Plaintiff Lai simply disagrees with the content of certain answers and speculates that

13 additional documents must exist.” Opposition at 4. Defendants further contend that, even

14 assuming arguendo that they failed to comply with the Prior Order, any such noncompliance was

15 substantially justified, rendering sanctions unwarranted. Opposition at 13.

16 II. LEGAL STANDARD

17 “If a party … fails to obey an order to provide or permit discovery,” the Court may issue

18 sanctions. Fed. R. Civ. P. 37(b)(2)(A). Such sanctions include “prohibiting the disobedient party

19 from supporting or opposing designated claims” or “directing that the matters embraced in the

20 order or other designated facts be taken as established for the purposes of the action, as the

21 prevailing party claims.” Id. “The imposition and selection of particular sanctions are matters left

22 to the sound discretion of the trial court.” Goldberg v. TeachBK, Inc., No. 24-cv-04525-LJC,

23 2026 WL 242035, at *2 (N.D. Cal. Jan. 29, 2026).

24 ////

25 ////

26 ////

27 ////

1 A. Dispositive Sanctions: Dismissal, Default and Their Functional Equivalents

2 “‘Dispositive’ sanctions such as dismissal, default, and their functional equivalents …

3 must meet a higher standard. [N]oncompliance must be due to willfulness, fault or bad faith.” In

4 re Tan, 2007 WL 7541007, at *6 (B.A.P. 9th Cir. Sept. 28, 2007); see also Comput. Task Grp.,

5 Inc. v. Brotby, 364 F.3d 1112, 1115 (9th Cir. 2004). At the outset, the Court confirms that the

6 sanctions sought by Plaintiff are all dispositive. Plaintiffs’ primary request is that the Court

7 “strike Defendant’s answer and enter a default,” which Plaintiff concedes is “a terminating

8

sanction.”3 Motion at 1, 8. Plaintiff’s secondary request is that, “in the alternative, [the Court]

9 deem the matters in the action established.” Id. at 1. To the extent Plaintiff’s reference to “the

10 matters in the action” means “all of his factual allegations,” that is “tantamount to dismissal” and

11 so is a dispositive sanction. See Colutions, LLC v. Ventura Seed Co, LLC, No. 2:22-cv-00818-

12 WLH-GJS, 2024 WL 4738214, at *9 (C.D. Cal. July 23, 2024). To the extent Plaintiff only

13 requests the Court “order the claim for fraudulent transfer asserted in Plaintiff’s Complaint be

14 established,” (see Motion at 8), and whether Plaintiff makes this request under subsections

15 (b)(2)(A)(i) or (b)(2)(A)(ii), this too is a dispositive sanction. See In re Tan, 2007 WL 7541007, at

16 *6 (B.A.P. 9th Cir. Sept. 28, 2007) (dispositive sanctions include “the[] functional equivalents” of

17 terminating sanctions, “i.e., refusing to allow the disobedient party to support or oppose

18 designated claims or defenses or precluding any evidence as to a prima facie element of a claim.”).

19 Thus, these sanctions all require a finding “non-compliance must be due to willfulness, fault, or

20 bad faith.” Henry v. Gill Indus., Inc., 983 F.2d 943, 946 (9th Cir. 1993).

21 Additionally, the Court must consider five factors before imposing dispositive sanctions:

22 “(1) the public’s interest in expeditious resolution of litigation; (2) the court’s need to manage its

23 dockets; (3) the risk of prejudice to the party seeking sanctions; (4) the public policy favoring

24 disposition of cases on their merits; and (5) the availability of less drastic sanctions.” Goldberg v.

25 TeachBK, Inc., No. 24-cv-04525-LJC, 2026 WL 242035, at *4 (N.D. al. Jan. 29, 2026) (citing

26 Conn. Gen. Life Ins. Co. v. New Images of Beverly Hills, 482 F.3d 1091, 1096 (9th Cir. 2007).

27

1 The first and second factors generally favor sanctions, while the fourth factor generally weighs

2 against them. Henry, 983 F.2d at 948. Accordingly, “the key factors are prejudice and the

3 availability of lesser sanctions.” Id.

4 B. Attorney’s Fees and Costs

5 In addition, Rule 37 requires the Court to award “the reasonable expenses, including

6 attorney’s fees, caused by the failure” to obey the discovery order, “unless the failure was

7 substantially justified or other circumstances make an award of expenses unjust.” Fed. R. Civ P.

8 37(b)(2)(C). The party facing sanctions bears the burden of demonstrating the existence of

9 mitigating factors. See Cruz v. Nike Retail Servs., Inc., 346 F.R.D. 107, 111 (S.D. Cal. 2024)

10 (citing Liew v. Breen, 640 F.2d 1046, 1050 (9th Cir. 1981)). A finding of bad faith is not required

11 for the imposition of attorney’s fees. See, e.g., RG Abrams Ins. v. Law Offs. Of C.R. Abrams, 342

12 F.R.D. 461, 521-22 (C.D. Cal.); see also In re StubHub Refund Litig., No. 20-md-02951-HSG,

13 2024 WL 2305604, at *3 (N.D. Cal. May 20, 2024).

14 III. DISCUSSION

15 A. Compliance with the Prior Order

16 As a threshold matter, the Court first considers whether Defendants’ supplemental

17 discovery responses complied with the Prior Order. As discussed below, the Court finds that

18 Defendants failed to comply with the Prior Order in certain respects.

19 1. Defendant Lu’s Supplemental Responses

20 Plaintiff identifies the following supplemental responses served by Defendant Lu as

21 deficient: responses to Interrogatory nos. 7-20 and RFPs 1-3, 5-6 and 8-11. Dkt. 106 ¶¶ 9-14.

22 The Prior Order instructed Lu to supplement her responses “consistent with this Court’s

23 Order in the attachment,” yet nearly all of Defendant Lu’s supplemental responses contain

24 objections that the Court had already overruled. To the extent the supplemental responses assert

25 new objections not previously raised, those objections are waived. See Proofpoint, Inc. v. Vade

26 Secure, Inc., No. 19-cv-04238-MMC, 2020 WL 6591210, at *3 (N.D. Cal. Nov. 11, 2020)

27 (rejecting as “untenable” the contention that a party “can make a tactical decision to withhold

1 to file multiple motions to compel the same discovery materials, and such as to force this court to

2 repeatedly adjudicate multiple motions to compel the same material…”). Accordingly, where

3 Defendant Lu responds “subject to and without waiving” objections––including, among others,

4 that Plaintiff’s requests invade her privacy, constitute “impermissible fishing expedition[s]” or

5 seek foreign records that are “completely irrelevant” to the issues in this case” (see e.g., Dkt. 106-

6 2 at 5-9; Dkt 106-4 at 3)––those objections are waived and do not excuse her failure to provide

7 the information required by the Prior Order. The Court therefore evaluates Defendant Lu’s

8 supplemental responses without regard to any objections contained therein:

9 Substantive Request Prior Order (Dkt. Supplemental Court’s Ruling re

100-1) Response Compliance

10 (Objections

Omitted)

11

ROG State the amount of Objections Defendant states Non-compliant. The

12 debts YOU owed to Lu OVERRULED. that the property Court previously

7 Zhang and when they Defendant will answer transfer executed overruled all of Lu’s

13

were incurred. the interrogatory. with Lu Zhang objections and directed

regarding the Defendant to answer the

14

Newcastle Road interrogatory, which

15 property was Defendant has not done.

legitimate, lawful, Defendant must state the

16 and derivative of amount of debts owed to

separate family Defendant Zhang and

17

obligations, not when they were incurred

18 an attempt to (if “none,” Defendant

evade a valid must so state), not

19 debt. submit non-sequitur

responses.

20

ROG IDENTIF[Y] any Objections Defendant Non-compliant as

21 DOCUMENTS OVERRULED. identifies the dependent on the

8 evidencing the debts in Defendant to either recorded Grant, previous, non-compliant

22 reference to the identify documents or Bargain, Sale answer. Defendant must

previous interrogatory. affirm that responsive Deed for the 4284 answer the question fully

23 documents will be Newcastle Road without objection,

produced in property. qualification or

24

accordance with Rule limitation.

25 33(d).

ROG IDENTIFY any and all Objections Defendant states Non-compliant, as this

26 money of $10,000 or OVERRULED. she has not answer is evasive and

9 more that YOU Defendant will answer transferred any qualified in a manner not

27

TRANSFERRED to the interrogatory. Any assets to China called for by the

through 2023, adequately addressed for the purpose of Defendant must answer

1

including the date of in the Protective Order avoiding or the question fully

2 the transfer, the amount (Dkt. 99). obstructing any without objection,

of the transfer, the type validly qualification or

3 of transaction, the bank established lawful limitation.

or financial institution debt owed to the

4 from which the money Plaintiff.

was transferred, the

5

recipient of the

6 transfer, and the

purpose of the transfer.

7 ROG For each and every Objections Defendant states: Non-compliant as

money TRANSFER OVERRULED. None dependent on the

8

10 IDENTIFIED in Defendant will answer previous, non-compliant

9 YOUR response to the the interrogatory. Any answer. Defendant must

previous interrogatory privacy concerns are the question fully

10 (No. 9), state the date adequately addressed without objection,

of the TRANSFER. in the Protective Order qualification or

11 (Dkt. 99). limitation.

12 ROG For each and every Objections Defendant states: Non-compliant as

money TRANSFER OVERRULED. None. dependent on the

13 11 IDENTIFIED in Defendant will answer previous, non-compliant

YOUR response to the the interrogatory. Any answer. Defendant must

14 previous interrogatory privacy concerns are the question fully

(No. 9), state the adequately addressed without objection,

15

purpose of the in the Protective Order qualification or

16 TRANSFER... (Dkt. 99). limitation..

ROG For each and every Objections Defendant states: Non-compliant as

17 money TRANSFER OVERRULED. None. dependent on the

12 IDENTIFIED in Defendant to either previous, non-compliant

18

YOUR response to the identify documents or answer. Defendant must

19 previous interrogatory affirm that responsive the question fully

(No. 9), IDENTIFY documents will be without objection,

20 any and all produced in qualification or

DOCUMENTS accordance with Rule limitation..

21 concerning or 33(d). Any privacy

constituting the record concerns are

22

of the TRANSFER. adequately addressed

23 in the Protective Order

(Dkt. 99).

24 ROG State when YOUR Objections any personal Non-compliant. The

house in China was OVERRULED. hardships Response is improper

25

13 auctioned by a Chinese Defendant will answer referenced in argument and evasive.

26 court in reference to the interrogatory with historical emails Defendant must answer

YOUR email to facts known to her do not alter the the question fully

27 PLAINTIFF dated following a reasonably fact that Plaintiff without objection,

in accordance with Defendant and qualification or

1

Rule 33. breached his limitation.

2 operational

agreements.

3 ROG State the address of Objections Defendant denies Non-compliant. The

YOUR house in China. OVERRULED. possessing real Response is improper

4

14 Defendant will answer property assets argument and evasive.

5 the interrogatory. Any that interfere with Defendant must answer

privacy or security the appropriate the question fully

6 concerns are resolution of this without objection,

adequately addressed litigation. qualification or

7 in the Protective Order limitation.

(Dkt. 99).

8

ROG State when YOU Objections [No response Non-compliant.

9 redeemed YOUR OVERRULED. beyond Defendant refused to

15 house in China from Defendant will answer objections] respond to this

10 the auction in reference the interrogatory with interrogatory in direct

to the previous facts known to her contravention of this

11

interrogatory. following a reasonably Court’s Prior Order.

12 diligent investigation, Defendant must answer

in accordance with the question fully

13 Rule 33. without objection,

qualification or

14 limitation.

15 ROG State the reasons why Objections [No response Non-compliant.

YOUR house in China OVERRULED. beyond Defendant refused to

16 16 was auctioned by the Defendant will answer objections] respond to this

Chinese court. the interrogatory with interrogatory in direct

17 facts known to her contravention of this

following a reasonably Court’s Prior Order.

18

diligent investigation, Defendant must answer

19 in accordance with the question fully

Rule 33. without objection,

20 qualification or

limitation.

21

ROG IDENTIFY any Objections [T]he documents Non-compliant.

22 DOCUMENTS OVERRULED. relevant to the Response is improper

17 supporting YOUR Defendant will answer current dispute argument. Defendant

23 claim that YOU were the interrogatory with are those must answer the

"impersonated facts known to her establishing question fully without

24 by a villain in China following a reasonably Plaintiff's own objection, qualification

and became a diligent investigation, actionable or limitation.

25

shareholder in a in accordance with fraudulent billing

26 company... Rule 33. patterns and

inflated hours

27 within this

ROG State the amount and Objections Defendant denies Non-compliant. The

1

date when YOU OVERRULED. possessing real Response is improper

2 18 transferred money to Defendant will answer property assets argument and evasive.

China to redeem the interrogatory. Any that interfere with Defendant must answer

3 YOUR privacy concerns are the appropriate the question fully

house... adequately addressed resolution of this without objection,

4 in the Protective Order litigation. qualification or

(Dkt. 99). limitation.

5

ROG State when YOU Objections Defendant lacks Non-compliant.

6 received the Notice of OVERRULED. precise Although Defendant

19 Client's Right to Fee Defendant will answer recollection of the states she lacks “precise”

7 Arbitration. the interrogatory. exact calendar recollection of the date,

date of receipt Plaintiff is entitled to

8

due to Plaintiff's Defendant’s best

9 erratic, deceptive, recollection or estimate

and convoluted of the relevant date. If

10 billing Defendant cannot

communications. provide an estimated

11 date, she must so state

without further

12

argument.

13 ROG State the reason why Objections Defendant was Compliant. Defendant

YOU did not request a OVERRULED. actively has sufficiently

14 20 fee arbitration after Defendant will answer attempting to hold answered this

receiving the Notice of the interrogatory. Plaintiff to his interrogatory and no

15

Client's Right to Fee explicit, written further action is

16 Arbitration. text message and required.

email

17 representations

modifying the fee

18 structure,

rendering

19

traditional state

20 bar

arbitration

21 avenues

secondary to

22

addressing his

23 direct contractual

fraud.

24 RFP Produce any and all Objections Defendant will Compliant. Based on

DOCUMENTS OVERRULED. produce all the prior interrogatory

25

1 IDENTIFIED in Defendant will responsive, non- responses, Defendant’s

26 YOUR response to produce all documents privileged response is satisfactory.

Plaintiff’s identified in responses documents within However, additional

27 Interrogatories, Set to interrogatories and her possession, documents must be

One. custody, or produced in accordance

all responsive control that further supplemental

1

documents pursuant to support her interrogatory responses.

2 Rule 33(d). affirmative

defenses and

3 counterclaims as

identified in her

4 Interrogatory

responses,

5

including

6 relevant text

messages, email

7 communications,

and payment

8 ledger records.

9 RFP Produce any and all Objections Defendant will Non-compliant.

COMMUNICATIONS SUSTAINED IN produce Defendant’s description

10 2 between YOU and PART, OVERRULED responsive, non- of documents to be

PLAINTIFF from 2019 IN PART. Defendant privileged emails produced does not

11 through 2023. to produce all and text messages conform to the Court’s

communications exchanged Order, which stated that

12

between Plaintiff and between Defendant must

13 Defendant in the time Defendant and “produce all

period 2019-2023 Plaintiff during communications

14 upon which Defendant the course of the between Plaintiff and

intends to rely in transactional/legal Defendant in the time

15

support of any claim representation period 2019-2023 upon

or that are relevant which Defendant

16

defense. to the fee intends to rely in

17 agreements, support of any claim or

billing disputes, defense.” Defendant

18 and fee must do so.

modifications at

19

issue in this case.

20 RFP Produce any and all Defendant to produce Defendant will Non-compliant.

DOCUMENTS ALL responsive not produce Response is in direct

21 3 concerning or documents and to documents in contravention to this

constituting the auction affirm by verification response to this Court’s Order. All

22

of YOUR house in under penalty of request. objections have been

23 China by a Chinese perjury that all OVERRULED and all

court, including but not responsive documents responsive documents

24 limited to the Chinese have been produced must be produced.

court’s judgment or

25 order and notice of

auction...

26

RFP Produce a copy of the Objections Defendant will Non-compliant.

27 complaint YOU filed SUSTAINED IN produce a copy of Defendant’s response is

5 against PLAINTIFF PART, OVERRULED the factual improperly qualified.

California on or about IN PART. Defendant submitted to the are adequately addressed

1

January 17, 2023. to produce all State Bar of in the Protective Order

2 responsive documents California in this action. Defendant

in her custody and regarding must produce “the

3 control. For purposes Plaintiff's billing factual complaint

of production, a party acts, submitted to the State

4 has sufficient provided it is Bar” or state that

“control” over treated with specific documents

5

documents held by appropriate (identified by Bates no.)

6 another party if the confidentiality. already produced are all

first party has the legal of the documents

7 right to obtain the responsive to this

documents from the request.

8 second party upon

demand. In re Citric

9

Acid Litig., 191 F.3d

10 1090, 1107 (9th

Cir. 1999).

11 RFP Produce any and all Objections Defendant will Non-compliant.

COMMUNICATIONS OVERRULED. produce non- Defendant’s response is

12

6 between YOU and the Defendant will privileged, formal improperly qualified.

13 State Bar of California produce responsive correspondence Communications

concerning documents. from the State between Defendant and

14 PLAINTIFF. Bar the State Bar of

regarding the California (a third party)

15

initiation or are not privileged, and

disposition of the Defendant may not

16

grievance related arbitrarily limit

17 to Plaintiff's production to “formal”

billing conduct. correspondence or to

18 those concerning

“initiation or disposition

19

of the grievance.” All

20 responsive

communications must be

21 produced without further

objection.

22

RFP Produce any and all Objections Defendant will The identified document

23 DOCUMENTS OVERRULED. produce the must be produced, but

8 concerning or Defendant will publicly recorded the status of Defendant’s

24 constituting the produce responsive Grant, Bargain, compliance is unclear.

FRAUDULENT documents. Any Sale Deed

25 TRANSFER of the two privacy concerns concerning To the extent no

parcels of real property are addressed by the the 4284 additional documents

26

as alleged in the Protective Order. Dkt. Newcastle Road exist, the response is

27 Complaint. 99. property, which compliant. To the extent

establishes a the single identified

property be a limited or

1

transaction. qualification on

2 production, it is

improper and the

3 response is non-

compliant.

4

If there are additional

5

documents to be

6 produced, Defendant

must produce them; if

7 there are none,

Defendant will so state

8 in a verified response

9 RFP Produce any and all Objections Defendant will Non-compliant.

DOCUMENTS OVERRULED. produce only the Response is in direct

10 9 concerning or Defendant will recorded deeds contravention to this

constituting property produce responsive and standard Court’s Order. All

11 tax payments for the documents. Any ownership objections have been

properties located at privacy concerns are transfer OVERRULED and all

12

4284 Newcastle Rd., addressed by the disclosures responsive documents

13 Las Vegas, NV 89103 Protective Order. Dkt. directly relevant must be produced.

and 4210 Gannet 99. to

14 Circle, Las Vegas, NV the ownership

89103 from 2020 to the history of the

15

present. Newcastle Road

property

16

mentioned in the

17 pleadings.

RFP Produce any and all Objections Defendant will Non-compliant.

18 DOCUMENTS OVERRULED. not produce Response is in direct

10 concerning or Defendant will domestic utility contravention to this

19

constituting utility produce responsive bills. Court’s Order. All

20 payments (e.g., documents. Any objections have been

electricity, water, gas, privacy concerns OVERRULED and all

21 internet) for the are addressed by the responsive documents

properties located at Protective Order. Dkt. must be produced.

22

4284 Newcastle Rd... 99.

23 and 4210 Gannet

Circle... from 2020 to

24 the present

RFP Produce copies of bank Objections Defendant states Non-compliant.

25

statements showing OVERRULED. she possesses no Response is in direct

26 11 any and all money Defendant will bank records contravention to this

TRANSFERS of produce responsive reflecting asset Court’s Order. All

27 $10,000 or more that documents. Any transfers executed objections have been

YOU privacy concerns are to unlawfully OVERRULED and all

China from 2019 Protective Order. Dkt. evade or hinder a responsive documents

1

through 2023. 99. validly must be produced.

2 established legal

debt owed to

3 Plaintiff.

4 In sum, Defendant Lu has complied with the Court’s Prior Order only as to Interrogatory

5 no. 20 and RFP 1, and her remaining supplemental responses violate the requirements set forth in

6 that Order.

7 2. Defendant Zhang’s Supplemental Responses

8 Plaintiff identifies the following responses as deficient: responses to interrogatory nos. 2,

9 4-7 and 9-11 and RFPs 1-5. Dkt. 106 ¶¶ 15-17.

10 Because Defendant Zhang had failed to respond to Plaintiff’s first set of requests, Zhang

11 waived her opportunity to object, and the Court specifically ordered Zhang to respond to each

12 request “without objection.” Prior Order at 2. She nonetheless incorporates a set of general

13 objections into each response, asserting, among other things, that the requests improperly assume

14 the existence of a debt between herself and Defendant Lu, seek documents protected by work-

15 product doctrine and statute of limitations or request deeply personal information. See, e.g., Dkt.

16 106-7 at 3; 106-9 at 3. This is clearly non-compliant and, to the extent Defendant Zhang responds

17 “subject to and without waiving” these objections, such language does not excuse her failure to

18 provide the information required by the Prior Order. See Proofpoint, Inc., 2020 WL 6591210, at

19 *3. The Court therefore evaluates Defendant Zhang’s responses without regard to any objections

20 contained therein:

21 Substantive Request Response Court’s Ruling re

(Objections Omitted) Compliance

22

ROG State YOUR Defendant states she has resided at her Compliant. Defendant

23 residential address for current residence address during the has answered this

2 the past five years, and relevant timelines associated with this interrogatory and no

24 the dates you lived at dispute. further action is required.

each ADDRESS.

25

ROG State when and how Defendant states that the property title Non-compliant. All

26 YOU became the title conveyance was legally and validly objections have been

4 owner of the residential executed in accordance with real estate OVERRULED and

27 property situated at records on file with the Clark County Defendant must answer

4284 Newcastle Rd, and was born out of legitimate intra- without objection,

1

Las Vegas, NV 89103. family obligations completely qualification or

2 independent of Plaintiff’s contested fee limitation.

invoicing.

3 ROG State when YOU Defendant states she has lawfully Non-compliant. All

visited the United traveled to and resided within the objections have been

4

5 States in the past ten United States during timelines relevant OVERRULED and

5 years. to her property ownership. Defendant must answer

the questions fully,

6 without objection,

qualification or

7 limitation.

8 ROG State the duration and Defendant will not provide immigration Non-compliant. All

purpose for each of document histories in response to this objections have been

9 6 YOUR visits to the contract dispute. OVERRULED and

United States in Defendant must answer

10 the past ten years. the questions fully,

without objection,

11

qualification or

12 limitation.

ROG State the types of visas Defendant's historical visa typologies Non-compliant. All

13 for each of YOUR have no bearing on the contractual or objections have been

7 visits to the United fraudulent billing issues at the center of OVERRULED and

14

States in the past this lawsuit. Defendant will not provide Defendant must answer

15 ten years. immigration document histories in the questions fully,

response to this contract dispute. without objection,

16 qualification or

limitation.

17

ROG For each affirmative The affirmative defenses are based on Compliant. Defendant

18 defense in the the fact that Plaintiff entered into an has answered this

9 ANSWER, state all "Agreement to Modify Fee Structure" interrogatory and no

19 facts upon which the via written electronic communications, further action is required.

affirmative defense is which he subsequently breached, while

20 based. simultaneously inflating his billable

operational hours and unjustly retaining

21

$175,397.56 of Co-Defendant Mengjing

22 Lu's funds. Because the underlying debt

is illegitimate, the family property

23 transfers executed regarding the Las

Vegas parcels were entirely proper,

24 lawful, and separate from any attempt to

evade a valid creditor.

25

ROG State the name, home The persons with knowledge include: Compliant. Defendant

26 address, and telephone • Lu Zhang (Defendant), 95 Loma has answered this

10 number of all Vista Dr., Orinda, CA 94563. interrogatory and no

27 PERSONS who have • Mengjing Lu (Co-Defendant), further action is required.

knowledge of the facts Vegas, NV 89103, Tel: 702-622-

1

upon which the 0778.

2 affirmative defense is • Xiaoyong Lai (Plaintiff), 84 W.

based. Santa Clara St. Ste 700, San Jose,

3 CA 95113, Tel: (408) 228-3995.

Defendant reserves the right to

4 supplement this list as discovery

progresses.

5

ROG For each affirmative Defendant identifies: Compliant. Defendant

6 defense in the • Written electronic messages and has answered this

11 ANSWER, IDENTIFY email communications from interrogatory and no

7 any and all Plaintiff modifying his further action is required.

DOCUMENTS that operational billing structure.

8

support or tend to • Publicly recorded deeds and

9 support the affirmative standard property transfer records

defense. filed with the Clark County

10 Recorder regarding the Las Vegas

properties.

11 • Itemized financial billing ledgers

and bank transaction records

12

demonstrating Plaintiff's retention

13 of unearned funds.

RFP Produce any and all Defendant will produce all responsive, Compliant. However,

14 DOCUMENTS non-privileged documents within her the documents must be

1 IDENTIFIED in possession, custody, or control that produced and should have

15

YOUR response to support her defenses and are referred to been produced already.

16 Plaintiff’s in her interrogatory responses, including

Interrogatories, Set relevant publicly recorded title transfers

17 One. and standard property records.

RFP Produce any and all Defendant will produce only non- Non-compliant.

18

COMMUNICATIONS privileged written communications or Communications between

19 2 between YOU and logistical text records in her possession Defendant Zhang and

MENGJING LU from that directly discuss the explicit title Defendant Lu are not

20 2019 through 2023. mechanics and execution dates of the privileged, and and

contested Las Vegas properties at issue Defendant may not

21 in the pleadings. arbitrarily limit

production to “logistical

22

text records” or those that

23 “directly discuss the

explicit title mechanics

24 and execution dates.” All

responsive

25

communications must be

26 produced without further

objection.

27

RFP Produce any and all Defendant will produce responsive, The identified document

1

DOCUMENTS non-privileged documents in her must be produced, but the

2 3 concerning or possession, custody, or control status of Defendant’s

constituting the concerning the property conveyances, compliance is unclear.

3 transfer of the specifically the recorded Grant, Bargain,

properties situated at Sale Deeds and related public To the extent no

4 4284 Newcastle Road, instruments on file with the Clark additional documents

Las Vegas, NV 89103 County Recorder. exist, the response is

5

and 4210 Gannet compliant. To the extent

6 Circle, Las Vegas, NV the single identified

89103. document is intended to

7 be a limited or

qualification on

8 production, it is improper

and the response is non-

9

compliant.

10

If there are additional

11 documents to be

produced, Defendant

12

must produce them; if

13 there are none, Defendant

will so state in a verified

14 response

RFP Produce any and all Defendant will produce non-privileged Compliant. However,

15

DOCUMENTS documentation, receipts, or family the documents and must

4 concerning or agreement records in her possession that be produced and should

16

constituting what YOU reflect the intra-family consideration, have been produced

17 gave, paid, or promised long-standing asset arrangements, and already.

to Mengjing Lu as personal obligations that formed the

18 consideration for the basis of the property transactions.

transfer of the

19

properties situated at

20 4284 Newcastle Road,

Las Vegas, NV 89103

21 and 4210 Gannet

Circle, Las Vegas, NV

22 89103.

23 RFP Produce any and all Defendant will produce responsive, non- Compliant. Defendant

DOCUMENTS privileged documentation or records has answered this RFP

24 5 concerning or reflecting the underlying familial and no further action is

constituting any debts obligations and financial structures that required.

25 that Mengjing Lu owed prompted the property title

to YOU. conveyances, to the extent such

26

documents are available and within her

27 possession, custody, or control.

1 In sum, Defendant Zhang has, at best, complied with the Court’s Prior Order as to

2 Interrogatory nos. 2, 9, 10 and 11 and RFPs 1, 4 and 5, and her remaining responses violate the

3 requirements set forth in that Order. Moreover, her assertion of “general objections” in

4 contravention of the Court’s Order is noncompliant.

5 3. Defendant’s Depositions

6 With respect to Defendants’ depositions, Plaintiff does not contend that Defendants

7 violated the Prior Order but makes note of the fact that Defendants have a “history of … delaying

8 and refusing to attend depositions.” See Motion at 8. Nevertheless, the Prior Order expressly

9 required Defendants to make themselves available for deposition, and they did not. Prior Order at

10 2; Dkt. 106 ¶¶ 18-21. Nor has either Defendant addressed that failure in their Opposition. See

11 Opposition. This violation of the Court’s express directive provides another basis for considering

12 sanctions under Rule 37.

13 * * *

14 In sum, the Court concludes that the following written responses comply with the Prior

15 Order: Defendant Lu’s responses to Interrogatory no. 20 and RFP 1 and Defendant Zhang’s

16 responses to Interrogatory nos. 2, 9, 10 and 11 and RFPs 1, 4 and 5. To the extent Plaintiff’s

17 Motion for Sanctions is based on these responses, the Motion is DENIED with prejudice.

18 As to the remaining deficient responses and Defendants’ failure to make themselves

19 available for depositions, the Court finds noncompliance and next considers whether the

20 imposition of either dispositive sanctions or attorney’s fees is appropriate.

21 B. Dispositive Sanctions Are Not Appropriate at this Juncture

22 To impose dispositive sanctions for Defendants’ noncompliance with the Prior Order, the

23 Court must determine (1) whether the five factors established by this Circuit weigh in favor of

24 such sanctions, and (2) whether Defendants’ noncompliance was the result of willfulness, fault or

25 bad faith. See, supra, § II.A. The Court addresses each element in turn below.

26 ////

27 ////

1 1. Application of the Five-Factor Test

2 Only the third and fifth factors––prejudice and the availability of lesser sanctions––are in

3 serious dispute here.4 See, supra, § II.A.

4 a. The Third Factor, Prejudice, Weighs in Favor of Sanctions

5 As to prejudice, Plaintiff contends that, absent compliant responses from Defendants, he is

6 “completely blind to Defendant’s baseline factual contentions and evidence,” and therefore

7 “cannot properly prepare for trial.” Motion at 8. Defendants respond that their supplemental

8 responses provide sufficient information for Plaintiff to “present his claim on the merits.”

9 Opposition at 5. After all, Defendants argue, Plaintiff “remains able to challenge Defendants’

10 factual assertions through deposition testimony, documentary evidence, third-party discovery,

11 dispositive motions, and trial.” Id. at 12. The Court is not persuaded.

12 “Failure to produce documents as ordered … is considered sufficient prejudice.” Adriana

13 Intern. Corp. v. Thoeren, 913 F.2d 1406, 1412 (9th Cir. 1990). Here, Defendants failed to comply

14 with discovery obligations that the Court has already determined seek relevant and proportional

15 information. See Prior Order; Dkt. 100-1. As a result, Plaintiff has been left with “incomplete

16 and spotty evidence,” which itself constitutes prejudice. See Leon v. IDX Sys. Corp., 464 F.3d

17 951, 959 (9th Cir. 2006). Defendants’ assertion that Plaintiff may obtain the necessary

18 information through “deposition testimony” or any other discovery mechanism rings hollow given

19 Defendants’ own failure to make themselves available for deposition. The prejudice to Plaintiff is

20 apparent and the third factor weighs in favor of imposing dispositive sanctions.

21 b. The Fifth Factor, the Availability of Lesser Sanctions, Weighs

Against Dispositive Sanctions at this Juncture

22

23 The fifth factor, however, weighs against dispositive sanctions at this stage. A district

24 court may not impose dispositive sanctions without first considering lesser sanctions, determining

25 that lesser sanctions would be futile or warning the disobedient party of the possibility of

26

27

4 Defendants also address the fourth factor in their Opposition. See Opposition at 14-15.

1 dispositive sanctions. See Conn. Gen. Life Ins. Co., 482 F.3d at 1116 (citation omitted). For

2 example, dispositive sanctions are generally appropriate where previously imposed monetary

3 sanctions have proven ineffective. See, e.g. Henry, 983 F.2d at 948 (finding “no reason to expect

4 that [plaintiff] would respond more satisfactorily to a second round of intermediate sanctions than

5 he did to the first”); see also Faerfers v. Caviar Creator, Inc., No. 08-16339, 2009 WL 4912367,

6 at *2 (9th Cir. Nov. 16, 2009). Here, however, the Court has not previously imposed sanctions

7 against Defendants, and Defendants have not been warned that noncompliance may result in

8 dispositive sanctions.

9 Accordingly, while Defendants’ conduct has caused substantial prejudice to Plaintiff and

10 approaches the level warranting more severe sanctions, the Court declines to impose dispositive

11 sanctions at this juncture. The Court instead imposes monetary sanctions and orders Defendants

12 to provide further responses notwithstanding the close of discovery. See, infra, §§ III.C, IV.

13 2. Bad Faith

14 The remaining question is whether Defendants’ noncompliance was the product of

15 willfulness, fault, or bad faith. Plaintiff argues that it was, relying principally on Valley Engineers

16 Inc. v. Electrical. Engineering Co. and Connecticut General for the proposition that violation of a

17 court order, alone, is enough to justify dispositive sanctions. Motion at 5 (citing 158 F.3d 1051,

18 1052 (9th Cir. 1998) and 482 F.3d at 1097, respectively). Indeed, courts may infer bad faith from

19 individual violations – “‘disobedient conduct not shown to be outside the control of the litigant” is

20 all that is required to demonstrate willfulness, bad faith, or fault.” Henry, 983 F.2d at 948

21 (quoting Fjelstad v. Am. Honda Motor Co., Inc., 762 F.2d 1334, 1341 (9th Cir. 1985)). However,

22 whether a party has acted willfully or in bad faith is a “carefully case-specific” determination.

23 Valley Eng’rs, 158 F.3d at 1056 (citing Fjelstad, 762 F.2d at 1343).

24 The records in Valley Engineers and Connecticut General, where bad faith was found

25 based on a single violation of a court order, contained compelling evidence of intentional

26 misconduct. In Valley Engineers, the defendants knowingly withheld a “smoking gun”

27 memorandum while producing the remainder of the document, leaving little doubt that the

1 defendant intentionally photocopied docket sheets in a manner that altered the appearance of filing

2 dates – a deception the district court readily identified by comparing the altered copies with the

3 authentic dockets in its possession. See 482 F.3d at 1094-95.

4 The present record, although deeply troubling, is not quite so stark. Although Plaintiff

5 contends that Defendants intentionally “concealed” evidence, (Motion at 8), the record does not

6 contain affirmative evidence that Defendants deliberately withheld documents, fabricated evidence

7 or otherwise engaged in the type of deception present in Valley Engineers or Connecticut General.

8 This case is more akin to Fjelstad, where the court could not foreclose the possibility that the

9 defendants’ failure to comply stemmed from a misunderstanding rather than bad faith. See 762

10 F.2d at 1342-43. Had Defendants repeatedly violated court orders or continued their

11 noncompliance after lesser sanctions had proved ineffective, the Court would more readily infer

12 bad faith. See Comput. Task Grp., 364 F.3d at 1115 (inferring bad faith from five consecutive

13 violations of orders compelling discovery).

14 That said, Defendants, whether stonewalling intentionally or out of some sort of

15 misunderstanding, have blatantly violated the Court’s Prior Order. Such conduct cannot be taken

16 lightly. As the Ninth Circuit has aptly observed, “[t]here is no point of a lawsuit, if it merely

17 applies law to lies.” Valley Eng’rs, 158 F.3d at 1058. Thus, “[t]he most critical factor to be

18 considered … is whether ‘a party’s discovery violations make it impossible for a court to be

19 confident that the parties will ever have access to the true facts.” Conn. Gen., 482 F.3d at 1097.

20 While the Court ultimately concludes that the present record falls short of establishing bad faith, it

21 does so only narrowly. Defendants’ conduct approaches the level warranting dispositive sanctions

22 and they are expressly warned that any future failure to comply with this Court’s orders or their

23 discovery obligations will weigh heavily in favor of a finding of bad faith and may result in

24 the imposition of dispositive sanctions.

25 ////

26 ////

27 ////

1 C. Monetary Sanctions Are Appropriate

2 Although Plaintiff does not request monetary sanctions, (see Motion at 1, 8), Rule 37

3 provides that where a party fails to obey a discovery order, the Court must award the reasonable

4 expenses caused by the noncompliance unless the failure was substantially justified. Fed. R. Civ.

5 P. 37(b)(2)(C).

6 Defendant Zhang offers no justification for her noncompliance. See Opposition.

7 Defendant Lu, by contrast, contends that her recent medical complications “materially affected her

8 ability to review documents, communicate with counsel, assist in preparing discovery responses,

9 and otherwise participate in litigation” rendering her noncompliance substantially justified. Id. at

10 13-14. The Court does not minimize the seriousness of Defendant Lu’s medical condition.

11 Nevertheless, counsel had available means to address those circumstances, including stipulating

12 with Plaintiff to extend the discovery deadlines––as the parties had done previously, (see Dkt.

13 92)––or seeking an extension from the Court. See Adriana, 913 F.2d at 1411 (where counsel or

14 parties are unable to comply with discovery obligations because of illness, the reasonable course

15 of action is to seek relief from the court rather than simply fail to comply). The solution is not, as

16 Defendant Lu did here, to effectively refuse to participate in discovery by serving argumentative,

17 qualified and non-responsive answers.

18 Accordingly, the Court finds that neither Defendant has demonstrated substantial

19 justification for failing to comply with the Prior Order and that an award of monetary sanctions is

20 appropriate. The Court therefore imposes sanctions in the amount of $1,500 against each

21 Defendant.5

22 ////

23 ////

24 ////

25 ////

26

27

5 Although Plaintiff does not provide a breakdown of the fees associated with this Motion, the

1 IV. CONCLUSION

2 For the foregoing reasons, Plaintiff’s Motion for Dispositive Sanctions is GRANTED IN

3 PART and DENIED IN PART, with and without prejudice as follows:

4 • The Motion is denied with prejudice insofar as it is based on discovery responses

5 that the Court finds comply with the Prior Order, namely:

6 o Defendant Lu’s responses to Interrogatory no. 20 and RFP 1; and

7 o Defendant Zhang’s responses to Interrogatory nos. 2, 9, 10 and 11 and RFPs

8 1, 4 and 5.

9 • Within 10 days of this Order:

10 o Defendant Lu shall serve complete, verified and unobjected-to responses,

11 without argument, to Plaintiff’s Interrogatory nos. 7-19 and RFPs 2-3, 5-6

12 and 8-11 consistent with the rulings set forth above. See, supra, § III.A.1.

13 o Additionally, Defendant Lu must produce all responsive documents called

14 for in RFPs 2-3, 5-6 and 8-11 following a diligent search. No responsive

15 documents may be withheld. If no responsive documents exist, Defendant

16 Lu’s verified response must so state. Id.

17 o Defendant Zhang shall serve complete, verified, and unobjected-to

18 responses, without argument, to Plaintiff’s Interrogatory nos. 4-7 and RFPs

19 2-3 consistent with the rulings set forth above. See, supra, § III.A.2.

20 o Additionally, Defendant Zhang must produce all responsive called for in

21 RFPs 1 and 4. No responsive documents may be withheld. If no responsive

22 documents exist, Defendant Zhang’s verified response must so state. Id.

23 • Defendants shall each make themselves available for deposition no later than ten

24 days after service of the supplemental discovery responses.6

25 • The motion is granted to the extent it finds that Defendants unjustifiably failed to

26

6 Plaintiff’s concurrently filed Motion to Reopen Discovery, (Dkt. 101), is superseded by this

27

Order and is therefore TERMINATED as moot. The undersigned has conferred with the

] comply with the Court’s Prior Order with respect to the deficient discovery

2 responses above, as well as their failure to make themselves available for

3 deposition. Pursuant to Rule 37(b)(2)(C), the Court orders, sua sponte, that

4 Defendants shall each pay $1,500 to Plaintiff as reasonable expenses within 21

5 days of this Order.

6 e Defendants are expressly warned that failure to comply with this Order will result

7 in a recommendation that the Court impose dispositive sanctions, either in whole or

8 in part depending on the extent of Defendants’ noncompliance.

9 e The Motion is denied without prejudice insofar as it seeks additional dispositive

10 sanctions based on Defendants’ conduct. Plaintiff may renew the request if

11 Defendants fail to comply with this order.

13 SO ORDERED.

14 |) Dated: July 30, 2026

15

Sesion vert

SUSAN VAN KEULEN

17 United States Magistrate Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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