Judge: Carolyn M. Caietti, Case: 37-2022-00001694-CU-BT-CTL, Date: 2024-03-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 12, 2024

03/15/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Business Tort Discovery Hearing 37-2022-00001694-CU-BT-CTL LEE VS LEE [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 08/04/2023

Plaintiff/Cross-Defendant Scott Lee's unopposed Motion for Terminating and Monetary Sanctions is GRANTED.

Discussion This is a breach of fiduciary duty case. Direct and derivative claims are alleged. On June 21, 2022, Defendant filed a cross-complaint. (ROA 33.) On June 23, 2023, the Court granted in part Plaintiff's unopposed Motion to Compel Production of Documents, Set One and Request for Monetary Sanctions. (ROA 71.) Plaintiff served Defendant with Notice of Ruling. (ROA 72.) Plaintiff then filed this motion. Following its filing, the Court granted Plaintiff's unopposed Motion to Compel Defendant's Deposition, Production of Documents and Monetary Sanctions. (ROA 97.) Plaintiff also served Defendant with a Notice of Ruling. (ROA 95.) Plaintiff describes other conduct to Defendant including: defaulting and delaying in filing an Answer after a stipulation to relieve him from default; filing a bankruptcy action in bad faith that was dismissed; failing to appear for a deposition in February 2022; and ignoring communications from Plaintiff's counsel. (ROA 76 – Declaration of Thomas Gallagher, at ¶¶ 3-9.) Before filing this motion, Plaintiff met and conferred and indicated his intent to seek terminating sanctions. (Id., at ¶ 10 & Ex. C – Letter dated July 20, 2023, and served by certified mail.) In this motion, Plaintiff asks for terminating and monetary sanctions for Defendant's failure to obey the Court's June 23, 2023 order to provide full and complete responses and to pay monetary sanctions by July 14, 2023. If a party fails to obey an order compelling a further response, the court may make those orders that are just, including the imposition of an issue, evidence or terminating sanction. (C.C.P., § 2031.310(i).) In lieu of, or in addition to such sanctions, courts may impose monetary sanctions. (Ibid.) Here, the evidence before the Court shows Defendant failed to respond to an authorized method of discovery, disobeyed a court order to provide discovery, failed to communicate with Plaintiff's counsel about the discovery and the Court's orders; and failed to oppose this motion, raising a legitimate question as to whether he intends to pursue his cross-complaint and defend the action. Defendant also failed to comply with the Court's order on monetary sanctions, showing a lesser sanction would be ineffective in obtaining Defendant's compliance with the Court's orders. Thus, terminating sanctions are Calendar No.: Event ID:  TENTATIVE RULINGS

3005091 CASE NUMBER: CASE TITLE:  LEE VS LEE [IMAGED]  37-2022-00001694-CU-BT-CTL appropriate under these circumstances.

For these reasons, the unopposed motion is GRANTED.

Concluding Orders Defendant Henry Lee's Answer filed on June 21, 2022 (ROA 32) is STRICKEN from the record.

Cross-Complainant Henry Lee's Cross-Complaint filed on June 21, 2022 (ROA 33) is STRICKEN from the record.

Defendant/Cross-Complainant Henry Lee is ordered to pay monetary sanctions in the amount of $3,135 to Plaintiff by April 12, 2024.

The Court's previous order directing Defendant Henry Lee to pay monetary sanctions in the amount of $2,370 remains as an order of the Court. The total amount of sanctions owed is $5,505.00.

If the tentative ruling is confirmed without modification, the minute order will be the Court's final order.

Plaintiff is ordered to serve written notice of the Court's final order on all appearing parties by March 12, 2024.

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3005091