Judge: Elaine W. Mandel, Case: 21SMCV00348, Date: 2024-11-21 Tentative Ruling

Case Number: 21SMCV00348    Hearing Date: November 21, 2024    Dept: P

Tentative Ruling

Amin v. Ahadi, Case no. 21SMCV00348

Hearing date November 21, 2024

Plaintiff’s Motion for Terminating and Monetary Sanctions

Plaintiffs Amin and Primex Entertainment bring a breach of contract claim against defendants Ahadi and Askar, alleging failure to repay money owed for two loans totaling $40,000. Defendants filed a second amended cross-complaint 12/30/21. Ahadi was served 7/12/23 with Amin’s special interrogatories, and both defendants with his request for production. Min. Order 9/16/24. Amin also served notice of continued depositions. Id. Defendants failed to respond to Amin’s discovery, and the court ordered defendants to produce discovery and granted monetary sanctions totaling $1,479.50. Id.

Plaintiffs now move for terminating and financial sanctions, asserting defendants failed to comply with the court’s 9/16/24 order. No opposition was filed.

Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidentiary or monetary sanctions. E.g., Code Civ. Proc. §§ 2023.010(g), 2030.290(c); R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495. Terminating sanctions are authorized where the evidence shows less severe sanctions will not be successful in compelling responses. Mileikowsky v. Tenet Healthsystem (2005) 128 Cal.App.4th 262, 279-280. Courts may require financial reimbursement for expenses incurred as to misuse of the discovery process. Code Civ. Proc., §2023.030; Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 789, superseded by statute on another ground as stated in Guzman v. General Motors Corp. (1984) 154 Cal.App.3d 438, 444; In re Marriage of Niklas (1989) 211 Cal.App.3d 28, 37.

The court previously ordered defendants to produce discovery. Min. Order 9/16/24. Defendants failed to respond to the ordered written discovery, attend the deposition or pay the ordered sanctions. Decl. Jen paras. 7-10. Defendants ignored plaintiffs’ meet and confer attempts. Decl. Jen para. 11.

Defendants’ failure to comply with the court’s order even after the court issued monetary sanctions demonstrate lesser sanctions will not suffice. Defendants’ failure to oppose the instant motion further demonstrates defendants’ unwillingness to engage in the litigation process. Plaintiffs have been attempting to depose defendants and conduct discovery for over two years to no avail, causing cost and prejudice to plaintiffs. See Decl. Jen. Defendants repeatedly demonstrated that lesser sanctions will not suffice, necessitating terminating sanctions.

Plaintiffs request terminating sanctions striking defendants’ second amended cross-complaint and defendants’ answer and that the court enter default against both defendants. Plaintiffs also request monetary sanctions of $1,420.00 for 2.2 hours spent preparing the motion and 1 hour for the hearing at $425/hour, including $60 in filing costs. Decl. Jen paras. 12-14. The requested sanctions are reasonable and will be granted.

GRANTED; monetary sanctions payable within 30 days.