Judge: Armen Tamzarian, Case: 21STCV00914, Date: 2023-01-18 Tentative Ruling

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Case Number: 21STCV00914    Hearing Date: January 18, 2023    Dept: 52

Defendants NGL Logistics, LLC and Jae Joon Lee’s Motion for Terminating Sanctions

Defendants NGL Logistics, LLC and Jae Joon Lee move for terminating and monetary sanctions against plaintiff Ernesto Jauregui.

Evidentiary Objections

            Defendants make 12 objections to plaintiff’s evidence in support of the opposition.  All 12 objections are overruled.

Sanctions

Discovery sanctions should be imposed incrementally, “starting with monetary sanctions and ending with the ultimate sanction of termination.”  (Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604.)  “[A] terminating sanction should generally not be imposed until the court has attempted less severe alternatives and found them to be unsuccessful and/or the record clearly shows lesser sanctions would be ineffective.”  (Ibid.) 

Terminating sanctions are  “ ‘ordinarily a drastic measure which should be employed with caution.’ ”  (McArthur v. Bockman (1989) 208 Cal.App.3d 1076, 1080.)  Appropriate sanctions are those “suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks, but [not] which are designed not to accomplish the objects of discovery but to impose punishment.”  (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, 488.)

Plaintiff violated the court’s discovery orders.  On August 23, 2022, the court ordered plaintiff to serve verified responses to special interrogatories, form interrogatories – general, form interrogatories – employment, and requests for production.  The court also ordered plaintiff to pay a total of $2,860 in monetary sanctions.  Plaintiff has not served any of the required discovery responses.  (Danna Decl., ¶ 17.)  He also has not paid the monetary sanctions.  (Id. & fn. 1.)

Though plaintiff violated discovery orders, the ultimate sanction of termination is not yet warranted.  The court has so far only issued monetary sanctions.  Defendants have not moved for issue sanctions or evidence sanctions.  The record does not clearly show that sanctions short of termination would be ineffective.  For months, plaintiff’s counsel could not reach plaintiff.  (Ujkic Decl., ¶¶ 3-31.)  Counsel, however, recently located plaintiff and has scheduled an appointment to meet with him at the Twin Towers Correctional Facility in Los Angeles.  (Id., ¶¶ 32-34.)       

The court exercises its discretion not to impose further monetary sanctions or terminating sanctions now.  The court will continue this hearing to permit plaintiff another chance to comply with his discovery obligations.  If he fails to do so, the court may grant further monetary sanctions or terminating sanctions against him. 

Disposition

Defendants NGL Logistics, LLC and Jae Joon Lee’s motion for terminating sanctions is hereby continued to March 30, 2023, at 9:00 a.m. 

Plaintiff shall file any further papers in opposition to defendants’ motion for terminating sanctions no later than March 17, 2023.  Defendants shall file any further papers in support of the motion no later than March 23, 2023.