Judge: Joel R Wohlfeil, Case: 37-2022-00039462-CU-PO-CTL, Date: 2023-12-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 28, 2023

12/01/2023  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2022-00039462-CU-PO-CTL WAGENER VS SMITH & BOWLIN [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Terminating Sanctions, 08/02/2023

The unopposed Motion (ROA # 39, 52) of Defendants TAMARACK ENTERPRISES LLC, erroneously sued and served as 'SMITH AND BOWLIN' ('Defendants') for an order imposing terminating sanctions to dismiss Plaintiff's case as a result of the failure by Plaintiff WENDY WAGENER ('Plaintiff') to comply with the Court's Order of June 8, 2023, is GRANTED.

According to the declaration of Attorney Romell, Plaintiff has still not complied with the Court's June 8, 2023 order (ROA # 32, 33). See par. 5.

Defendant has carried its burden that Plaintiff has chosen not to participate in this litigation by complying with an order which is nearly six months old.

Given the imminency of the trial date of January 26, 2024, the Court finds that Defendant has been prejudiced by Plaintiff's failure to provide the Court-ordered discovery before now.

The Court GRANTS the Motion, dismisses this case and vacates all dates. Defendant is directed to prepare a judgment of dismissal consistent with the Court's findings and orders herein.

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