Judge: Elaine W. Mandel, Case: 23SMCV04724, Date: 2025-03-14 Tentative Ruling

Case Number: 23SMCV04724    Hearing Date: March 14, 2025    Dept: P

Tentative Ruling

California General Underwriters Insurance Company v. Menco, Case no. 23SMCV04724

Hearing date March 14, 2025

Plaintiff’s Motion to Strike Answer and Enter Default

Plaintiff California General Underwriters Insurance Company, Inc. sues defendant Menco & Associates. for negligence and breach of contract arising from water damage to a property insured by plaintiff and partially constructed by defendant. The court previously granted plaintiff’s motions to compel responses and deem RFAs admitted. See Min. Order 1/8/25. Plaintiff now moves to strike defendant’s answer and enter default, asserting defendant failed to respond to discovery and disobeyed court orders. The motion is unopposed.

Under Cal. Code Civ. Proc. §2023.030(d)(1) and (d)(4), the court has the authority to issue an order striking the pleadings and rendering default judgment against any party engaging in the misuse of the discovery process. Under §2023.010, misuses of the discovery process include: “(d) Failing to respond or to submit to an authorized method of discovery;” “(g) Disobeying a court order to provide discovery;” and “(i) Failing to confer in person, by telephone, or by letter with an opposing party or attorney in a reasonable and good faith attempt to resolve informally any dispute concerning discovery.”

Per counsel, defendant failed to respond to plaintiff’s discovery requests served on 9/25/24. Decl. Kim para. 5. Defendant failed to obey court orders compelling production and issuing sanctions. Decl. Kim para. 11. Defendant failed to engage in meet and confer efforts, failed to attend IDCs and failed to prepare joint statements as ordered by the court. Decl. Kim paras. 7-8, 10. Defendant’s actions are clear abuses of the discovery process and in violation of the court orders.

The motion is unopposed, as were plaintiff’s previous motions seeking to compel production. Defendant’s counsel previously represented they lost communication with defendant. See Decl. Kim para. 6. Defendant has given no indication of any intention to meet its discovery obligations, obey court orders or engaging in the litigation process. Striking the answer and entering default is appropriate. GRANTED; plaintiff to file default documents within 15 days.