Judge: Armen Tamzarian, Case: 23STCV23071, Date: 2025-04-03 Tentative Ruling

Case Number: 23STCV23071    Hearing Date: April 3, 2025    Dept: 52

Plaintiff The People of the State of California’s Motion for Discovery Sanctions

Plaintiff The People of the State of California, acting by and through the Department of Transportation, moves for terminating sanctions against defendants Metro Investments Group, Inc. (Metro) and Anthony Nowaid.  Plaintiff further moves for evidence, issue, and monetary sanctions and an order compelling defendants to comply with this court’s discovery orders.

After the court grants a motion to compel responses to requests for production, if the responding “party then fails to obey,” the court may impose terminating sanctions, issue sanctions, evidence sanctions, and/or monetary sanctions.  (Code Civ. Proc., § 2031.300, subd. (c).)  A court may impose terminating sanctions by striking out a party’s pleadings and rendering default judgment against a defendant.  (Code Civ. Proc., § 2023.030, subd. (d).) 

Metro and Nowaid disobeyed orders compelling responses to requests for production.  On July 1, 2024, the court ordered Metro to serve verified responses without objections to plaintiff’s requests for production, sets one and two.  (Choi Decl., Ex. 3, p. 2.)  The court further ordered Nowaid to serve verified responses without objections to plaintiff’s requests for production, set one.  (Id., p. 3.)  Defendants “have failed to provide any responses or documents.”  (Choi Decl., ¶ 14.) 

Metro and Nowaid also disobeyed orders imposing monetary sanctions.  On May 23, 2024, the court ordered Metro and its counsel to pay $750 in sanctions and ordered Nowaid and his counsel to pay $625 in sanctions.  (Choi Decl., Ex. 2, p. 2.)  On July 1, 2024, the court ordered Metro and its counsel to pay $1,050 in sanctions and ordered Nowaid and his counsel to pay $625 in sanctions.  (Choi Decl., Ex. 3, p. 3.)  Plaintiff’s counsel testifies that neither Metro, Nowaid, nor their counsel have paid any of the monetary sanctions ordered.  (Choi Decl., ¶¶ 11, 14.)

Appropriate 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.)  Appropriate sanctions are those “such as are 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.) 

Terminating sanctions are appropriate.  Lesser sanctions have been ineffective to curb Metro and Nowaid’s misuse of the discovery process.  The monetary sanctions had no effect.  Plaintiff has been unable to accomplish the objects of discovery.  “The purpose of discovery is to make trial ‘ “less a game of blindman’s bluff and more a fair contest with the basic issues and facts disclosed to the fullest practicable extent.” ’ ”  (Reales Investment, LLC v. Johnson (2020) 55 Cal.App.5th 463, 473.)  Metro and Nowaid have not complied with their discovery obligations.  They disobeyed the court’s orders compelling them to do so.  Their misuse of the discovery process has prevented plaintiff from conducting discovery.  Absent terminating sanctions, plaintiff would face trial by surprise.  Under these circumstances, the court finds terminating sanctions appropriate.  The court therefore will strike Metro and Nowaid’s answer and enter their defaults.  The court will also strike Metro’s first amended cross-complaint.

The court exercises its discretion not to impose additional monetary sanctions on Metro and Nowaid.

Disposition

            Plaintiff The People of the State of California’s motion for terminating sanctions against defendants Metro Investments Group, Inc. and Anthony Nowaid is granted. 

The court hereby strikes the verified answer of defendants Metro Investments Group, Inc. and Anthony Nowaid.  The court hereby enters the defaults of defendants Metro Investments Group, Inc. and Anthony Nowaid.  The court hereby strikes the first amended cross-complaint by defendant/cross-complainant Metro Investments Group, Inc. as against plaintiff/cross-defendant The People of the State of California.