Judge: H. Jay Ford, III, Case: 23SMCV01072, Date: 2025-03-18 Tentative Ruling

Case Number: 23SMCV01072    Hearing Date: March 18, 2025    Dept: O

3-18-25 23SMCV01072 Yaghoubzadeh Motion for Terminating Sanctions

Defendant David R. Moradi, D.D.S's Motion for Terminating Sanctions and monetary sanctions in the amount of $1,485.00 as to Plaintiff Crystal Yaghoubzadeh is DENIED as to Terminating Sanctions, and GRANTED as to monetary sanctions. This motion was filed on 11-5-24, and as of 3-12-25 no opposition has been filed. Plaintiff has failed to file discovery responses to SROGS and RFPs within the initial response deadline, and has since failed to file verified responses and pay sanctions as ordered by the Court on 9-5-24. (Hertzog Decl., ¶¶ 4, 7, 8; Ex. A.) Terminating Sanctions are only enforced as a last resort sanction, with incremental sanctions awarded (i.e. monetary, issue, or evidentiary sanctions) prior to a Terminating Sanctions order. (See Mileikowsky v. Tenet Healthsystem (2005) 128 Cal.App.4th 262, 279-280 [decision to impose terminating sanctions should not be made lightly but such sanctions are justified in cases of repeated discovery abuse and evidence that lesser sanctions will be ineffectual].)

Here, only monetary sanctions have been ordered previously, and Defendant does not request any issue or evidentiary sanctions in the alternative. The Court can only order monetary sanctions requested in this motion.  Thus, the Court again orders the Plaintiff to file verified code compliant responses to SROGS and RFPs within 10 days of the hearing and to pay additional sanctions in the amount of $1,485.00 (5 hrs. @ $285/hr. + $60 filing fee). (See Bridwell Decl., ¶ 2.) within 10 days.

Defendant Meir Agaki and Meir Agaki, DDS’s joinder in the Moradi’s motion and request for sanctions filed on March 13, 2025 is DENIED as untimely.