Judge: Elaine W. Mandel, Case: 20STCV04165, Date: 2022-12-09 Tentative Ruling

Case Number: 20STCV04165    Hearing Date: December 9, 2022    Dept: P

Tentative Ruling
Davids v. SRC Entertainment, LLC et al., Case No. 20STCV04165
Hearing Date December 9, 2022
Plaintiff Davids’ Motion for Terminating Sanctions (UNOPPOSED)

Plaintiff Davids alleged was tased and beaten by security guards employed by defendants SRC Entertainment and Southwest Traffic. He moves for terminating sanctions against defendant Southwest Traffic for failing to respond to written discovery, failing to appear for a deposition, failing to meet and confer in good faith and failing to appear for scheduled hearings. On January 7, 2022 the court held an IDC and ordered Southwest Traffic to produce responses to Davids’ written discovery.

Southwest has not complied with that order. Southwest is unrepresented, and no opposition to this motion was filed. Southwest has been unrepresented since 5/10/22, when prior counsel’s motion to be relieved was granted. As a corporation, Southwest may not be self-represented. There is an OSC re: Southwest’s failure to obtain counsel on 12/9/22.

A court may impose terminating sanctions on a party misusing the discovery process. Cal. Code of civ. Proc. §2023.030(a). Generally, terminating sanctions should not be imposed until the court has imposed less severe alternatives and found them to be unsuccessful and/or the record clearly shows lesser sanctions would be ineffective. Lopez v. Watchtower Bible and Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 605.

Davids argues Southwest’s repeated discovery abuses justify terminating sanctions. The failure to timely respond to written discovery, noncompliance with the court’s January order and failure to appear for a deposition constitutes discovery abuse, justifying sanctions. However, no previous sanctions have been sought or imposed. It would be an abuse of discretion to order terminating sanctions without proof that less severe alternatives would be ineffective. DENIED. Davids is invited to amend to seek lesser sanctions, such as monetary or evidentiary sanctions. The court further notes that unless Southwest obtains counsel, the answer may be stricken.