Judge: Anne Hwang, Case: 22STCV03326, Date: 2023-10-19 Tentative Ruling

Case Number: 22STCV03326    Hearing Date: February 21, 2024    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

BACKGROUND

Defendants Norman Wilson Jr. and Norman Wilson Jr. as Trustee of The Norman C. Wilson Living Trust (“Defendants”) move for terminating sanctions against Plaintiff Shatari Riley (Plaintiff) for failure to comply with the Court’s discovery orders. Defendants also seek monetary sanctions. No opposition has been filed.

LEGAL STANDARD

“To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose…sanctions against anyone engaging in conduct that is a misuse of the discovery process.” (Code Civ. Proc. section 2023.030.) The court may impose a terminating sanction for misuse of the discovery process by any of the following: “(1) An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process; (2) An order staying further proceedings by that party until an order for discovery is obeyed; (3) An order dismissing the action, or any part of the action, of that party; (4) An order rendering a judgment by default against that party.” (Code Civ. Proc. § 2023.030(d).)  Failing to respond or to submit to an authorized method of discovery, or disobeying a court order to provide discovery, constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d), (g).)

“The trial court may order a terminating sanction for discovery abuse ‘after considering the totality of the circumstances: [the] conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.’” (Los Defensores, Inc. v. Gomez (2014) 223 Cal. App. 4th 377, 390, quoting Lang v. Hochman (2000) 77 Cal. App. 4th 1225, 1246.)  

“Generally, ‘[a] decision to order terminating sanctions should not be made lightly.  But where a violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules, the trial court is justified in imposing the ultimate sanction.’” (Los Defensores, supra, 223 Cal. App. 4th at p. 390 [citation omitted].)   

“Under this standard, trial courts have properly imposed terminating sanctions when parties have willfully disobeyed one or more discovery orders.” (Los Defensores, supra, 223 Cal.App.4th at p. 390 citing Lang, supra, 77 Cal.App.4th at pp. 1244-1246 [discussing cases]; see, e.g., Collisson & Kaplan v. Hartunian (1994) 21 Cal.App.4th 1611, 1617-1622 [terminating sanctions imposed (by striking the defendant’s Answer and subsequently granting default judgment) after defendants failed to comply with one court order to produce discovery]; Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, 491, disapproved on other grounds in Garcia v. McCutchen (1997) 16 Cal.4th 469, 478, n. 4 [terminating sanctions imposed against the plaintiff for failing to comply with a discovery order and for violating various discovery statutes].) 

DISCUSSION

On October 20, 2022, Defendants served written discovery on Plaintiff, who was then represented by counsel. (Kennick Decl. ¶ 4.) After receiving no responses, and sending a meet and confer letter, Defendants filed motions to compel on February 10, 2023. (Id. ¶ 6.) On May 2, 2023, the Court granted Plaintiff’s counsel’s motion to be relieved as counsel. Former counsel served the order on Plaintiff via mail on May 8, 2023. (See Proof of Service, 5/16/23.)

On October 19, 2023 and October 20, 2023, the Court granted Defendants’ motions to compel Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Production, Set One. Plaintiff did not oppose the motions and was ordered to serve verified responses, without objections, within 30 days. Defendants mailed notice of the rulings to Plaintiff on October 23, 2023 via Fedex, signature requested, and also via regular mail to the address on the order relieving counsel. (Kennick Decl. ¶ 11.) However, the notices were returned. Defendants’ counsel called Plaintiff’s last known phone number and a number found via a background search. One phone number was not in service, and Defendants’ counsel left a voicemail on the other. The call was not returned. (Id.) As of this date, no discovery responses have been received. Counsel has been unable to locate any new contact information other than what is contained in the court’s record. (Id.)

The Court finds that Plaintiff has not responded to discovery requests since first receiving them in October 2022. Prior to the Court relieving counsel, Plaintiff failed to maintain contact with counsel.[1] After the Court relieved counsel, Plaintiff has made no contact with the Court or counsel for defendants and has not participated in the case in any way. Counsel for defendants declares that no other contact information has been located. Accordingly, the Court grants the motion.

In light of the Court’s ruling, Defendants’ request for monetary sanctions is denied.  

CONCLUSION

Therefore, Defendants’ motion for terminating sanctions is GRANTED. The case is dismissed with prejudice.

Defendant shall provide notice of the Court’s ruling and file a proof of service of such.