Judge: Jon R. Takasugi, Case: 21STCV07951, Date: 2023-01-09 Tentative Ruling

Case Number: 21STCV07951    Hearing Date: January 9, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion to strike Jose and Oscar Nunez’s answers is GRANTED

On 3/1/2021, Plaintiff Happy Smile, Inc. filed suit against Mao Hirai, Jose Nunez, and Oscar Nunez, alleging breach of contract and conversion.

            Now, Plaintiff moves to strike Jose and Oscar Nunez’s answers.

            The motion is unopposed.

Discussion

            Plaintiff argues that Jose and Oscar Nunez’s answers should be stricken for failure to litigate.

            More specifically, Defendants have failed respond to discovery requests served on 12/21/2021, have refused to comply with the Court’s 2/14/2022 ruling compelling Defendants to respond, and have failed to pay the associated sanctions.

            The Court agrees that Defendants’ persistent non-compliance, alongside their failure to oppose this motion, indicates that they are either unwilling or unable to litigate this action. Defendants’ answers are ordered stricken, and Plaintiff is to seek the entry of the default.

            Based on the foregoing, Plaintiff’s motion to strike Jose and Oscar Nunez’s answers is granted.

It is so ordered.

Dated:  January    , 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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