Judge: Elaine W. Mandel, Case: 23SMCV00608, Date: 2024-12-13 Tentative Ruling

Case Number: 23SMCV00608    Hearing Date: December 13, 2024    Dept: P

Tentative Ruling

Acevedo v. Herrera, Case no. 23SMCV00608

Hearing date December 13, 2024

Plaintiff’s Motion for Terminating Sanctions - unopposed

Plaintiff Acevedo allege he was struck by defendant’s vehicle while riding a bicycle. Defendant in pro per answered on 4/27/23. Plaintiff served special and form interrogatories, requests for production of documents and requests for admission. Defendant failed to respond. Plaintiff moved to compel responses and deem the requests admitted. The court granted plaintiff’s motion. See Min. Order 10/24/23. Plaintiff requested $811.65 in attorney’s fees, which the court deferred. Plaintiff now moves for terminating sanctions; 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 Proc., §2023.030; Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 789, superseded by statute on another ground as stated in Guzman v. General Motors Corp.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.

Plaintiff served discovery. Min. Order 10/24/23. Defendant did not answer. Plaintiff’s motion to compel was granted. At that time, defendant appeared and represented to the court that he was attempting to get his insurance company to provide a defense. Because of that representation, the court deferred the issue of sanctions.

Now, a year later, defendant has not provided responses, and it appears his insurer is not providing coverage. Defendant has not responded to the discovery, opposed this motion for terminating sanctions or retained independent counsel. At this point, it appears lesser sanctions will not compel defendant to respond.

Plaintiff requests $700 in sanctions for the instant motion at 2 hours x $350/hour. Decl. Vardanyan para. 5. This is reasonable. Motion GRANTED. Plaintiff awarded $700 in sanctions, payable within 30 days.