Judge: Elaine W. Mandel, Case: 23SMCV01306, Date: 2023-10-24 Tentative Ruling

Case Number: 23SMCV01306    Hearing Date: January 9, 2024    Dept: P

Tentative Ruling

Rice v. City of Culver City et al., Case No. 23SMCV01306

Hearing Date January 9, 2024

Defendant Southern California Gas Company’s Motion to Dismiss Complaint (Unopposed)

Defendant Southern California Gas Company served discovery requests in this slip and fall case, including form interrogatories, special interrogatories and requests for production on August 1, 2023. Rice failed to respond despite three extensions, with the most recent agreed-upon due date being November 2, 2023.

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 shows lesser sanctions would be ineffective. Lopez v. Watchtower Bible and Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 605.

Defendant SoCalGas seeks dismissal. While it appears plaintiff unreasonably failed to respond to discovery, moving party has not shown that less severe alternatives would be insufficient to obtain compliance. No motion to compel has previously been filed. DENIED.