Judge: Blaine K. Bowman, Case: 37-2022-00029680-CU-PL-CTL, Date: 2024-04-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 18, 2024

04/19/2024  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  Product Liability Motion Hearing (Civil) 37-2022-00029680-CU-PL-CTL HUNTER VS POLARIS INDUSTRIES INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

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

Defendants Polaris Industries, Inc., nka Polaris Inc. (MN), Polaris Sales, Inc. (MN) and Polaris Industries, Inc. and Defendant Cycle Visions Motorcycles, LLC's unopposed motion for terminating sanctions is GRANTED. CCP §§ 2023.030(d), 2030.290(c), 2031.300(c). As this motion is unopposed, Plaintiffs fail to provide any explanation for their failure to comply with this court's orders of January 19, 2024. Based on Plaintiffs' unexplained direct violation of the court's orders, Plaintiffs' continued failure to provide discovery responses, Plaintiffs' failure to attend court hearings, and the ensuing prejudice to Defendants as a result of Plaintiffs' conduct, 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 Plaintiffs' complaint, with prejudice.

In light of this ruling the court does not reach Defendants' alternate motion to compel arbitration and stay proceedings.

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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