Judge: Blaine K. Bowman, Case: 37-2021-00039348-CU-PA-CTL, Date: 2024-06-14 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 13, 2024

06/14/2024  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  PI/PD/WD - Auto Motion Hearing (Civil) 37-2021-00039348-CU-PA-CTL SOUTHERN CALIFORNIA GAS COMPANY VS BARBER [IMAGED] CAUSAL DOCUMENT/DATE FILED:

This motion has been properly noticed, with proof of service on file.

Defendant/Cross-Complainant Rachel Barber's unopposed motion for terminating sanctions is GRANTED. CCP §§ 2023.030(d), 2030.290(c), 2031.300(c). As this motion is unopposed, Plaintiff/Cross-Defendant Grant Aguinaldo does not provide any explanation for Aguinaldo's failure to comply with this court's order of January 5, 2024. Based on Aguinaldo's unexplained direct violation of a court order, Aguinaldo's continued failure to provide discovery responses to Barber, and the resulting prejudice to Barber, the court finds the 'totality of the circumstances' warrants the imposition of terminating sanctions. See, Creed-21 v. City of Wildomar (2017) 18 Cal.App.5th 690. See also, Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992; Mileikowsky v. Tenet Healthsystem (2005) 128 Cal.App.4th 262, 280.

Pursuant to CCP § 2023.030(d)(3) the court dismisses Plaintiff Grant Aguinaldo's complaint, with prejudice.

Barber's request for additional monetary sanctions is GRANTED. CCP §§ 2030.290(c), 2031.300(c).

The court finds sanctions of $960.00 reasonable. The court orders Plaintiff/Defendant Grant Aguinaldo to pay additional sanctions of $960.00 to Defendant/Cross-Complainant Rachel Barber within 10 days of this ruling.

If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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