Judge: Daniel M. Crowley, Case: 18STCV08897, Date: 2023-02-01 Tentative Ruling

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Case Number: 18STCV08897    Hearing Date: February 1, 2023    Dept: 28

Defendant Target Corporation’s Motion for Terminating Sanctions

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On December 18, 2018, Plaintiff Ellison Mendoza (“Plaintiff”) filed this action against Defendant Target Corporation (“Defendant”) for negligence.

On February 1, 2019, Defendant filed an answer.

On December 22, 2022, Defendant filed a Motion for Terminating Sanctions to be heard on February 2, 2023.

The trial date currently set for April 7, 2023.

PARTY’S REQUEST

Defendant requests the Court issue terminating sanctions against Plaintiff.

LEGAL STANDARD

Code of Civil Procedure § 2023.030 gives the court the discretion to impose sanctions against anyone engaging in a misuse of the discovery process. A court may impose terminating sanctions by striking pleadings of the party engaged in misuse of discovery or entering default judgment. (Code Civ. Proc., § 2023.030(d).) A violation of a discovery order is sufficient for the imposition of terminating sanctions. (Collison & Kaplan v. Hartunian (1994) 21 Cal.App.4th 1611, 1620.) Terminating sanctions are appropriate when a party persists in disobeying the court's orders. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 795-796.)

A terminating sanction is a "drastic measure which should be employed with caution." (Deyo, 84 Cal.App.3d at 793.) "A decision to order terminating sanctions should not be made lightly. But where a violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules, the trial court is justified in imposing the ultimate sanction." (Mileikowsky v. Tenet Healthsystem (2005) 128 Cal.App.4th 262, 279-280.) While the court has discretion to impose terminating sanctions, these sanctions "should be appropriate to the dereliction and should not exceed that which is required to protect the interests of the party entitled to but denied discovery." (Deyo, 84 Cal.App.3d at 793.) "[A] court is empowered to apply the ultimate sanction against a litigant who persists in the outright refusal to comply with his discovery obligations." (Ibid.) Discovery sanctions are not to be imposed for punishment, but instead are used to encourage fair disclosure of discovery to prevent unfairness resulting for the lack of information. (See Midwife v. Bernal (1988) 203 Cal.App.3d 57, 64 [superseded on other grounds as stated in Kohan v. Cohan (1991) 229 Cal.App.3d 967, 971].)

DISCUSSION

On November 2, 2022, the Court ordered Plaintiff to appear for a deposition by December 1, 2022, after Plaintiff failed to appear for a deposition despite Defendant’s attempt to schedule said deposition. Plaintiff failed to appear for a deposition pursuant to Court order or provide additional dates for his deposition. The Court finds a basis for terminating sanctions, as there is no indication that any lesser order would result in Plaintiff producing discovery.

CONCLUSION

Defendant Target Corporation’s Motion for Terminating Sanctions is GRANTED pursuant to Code of Civil Procedure sections 2025.450(h) and 2023.030(d).  Plaintiff’s complaint is dismissed, with prejudice.

Defendant is ordered to give notice of this ruling.