Judge: Jon R. Takasugi, Case: 20STCV44642, Date: 2023-04-20 Tentative Ruling

Case Number: 20STCV44642    Hearing Date: April 20, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiffs’ motion for terminating sanctions is DENIED WITHOUT PREJUDICE. Defendant is sanctioned $1,750.00 in connection with this motion.

Defendant is ordered to provide all outstanding discovery responses and issue all sanctions payment within 15 days of entry of this order.

On 11/20/2020, Plaintiff Reyna Villegas (Plaintiff) filed suit against Express Source, Inc. dba Parkers PJ Jeans dba WOW, Lookz dba Dematurelized Zone, and Juan Villalobos, alleging: (1) wrongful termination against public policy; (2) wrongful termination against implied employment agreement; (3) racial discrimination; (4) gender discrimination; (5) workplace harassment; (6) retaliation; (7) failure to provide workplace environment free from harassment; (8) failure to take steps necessary to prevent harassment discrimination and/or retaliation; (9) failure to pay minimum wages; (10) unpaid overtime wages; and (11) failure to pay wages for missed rest periods.

            Now, Plaintiff moves for terminating sanctions against Defendant Express Source, Inc. dba Parkers PJ Jeans dba WOW, Lookz dba Dematurelized Zone (Defendant).

            The motion is unopposed.

Discussion

            Plaintiff argues that terminating sanctions are appropriate against Defendant because: (1) Defendant has, to date, still not complied with the Court Orders from 9/2021 and 10/2023 to provide responses Form Interrogatories-General, Form Interrogatories-Employment, Special Interrogatories and Requests for Production, or provide sanctions payments; and (2) Defendant's most recent attorney, Jeff Mann, Esq. was relieved as counsel on 9/26/2022 and since that time, Defendant. has not retained new counsel and therefore has no legal standing to appear in this matter.

            The Court agrees that Defendant’s conduct constitutes flagrant abuse of the discovery process. However, this is the first time Plaintiff has moved to compel Defendant’s compliance with those discovery orders and sanctions payments. Thus, the Court finds that terminating sanctions are premature. However, monetary sanctions are clearly necessary here. The Court sanctions unrepresented Defendant $1,750.00. ($350/hr x 5.) 

Defendant is ordered to provide all outstanding discovery responses and issue all sanctions payment within 15 days of entry of this order.  If Defendant fails to comply with this directive, Plaintiff may reinitiate the request for terminating sanctions. If Defendant remains out of compliance, the Court will likely conclude that Defendant is either unwilling or unable to litigate this action and order Defendant’s answer stricken. Plaintiff will then be able to seek the entry of default with the Clerk’s Office.

            Based on the foregoing, Plaintiff’s request for terminating sanctions is denied, without prejudice. However, the Court sanctions Defendant $1,750.00. 

It is so ordered.

Dated:  April    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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