Judge: Jon R. Takasugi, Case: 21STCV28024, Date: 2022-08-25 Tentative Ruling

Case Number: 21STCV28024    Hearing Date: August 25, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Leatherbury’s request for terminating sanctions is DENIED. However, Leatherbury’s request for monetary sanctions totaling $2,975.00 is granted in full.

On 7/29/2021, Plaintiff Niko Home Builders, Inc. (NHB) filed suit against Charles Leatherbury, an individual and co-Trustee of Leatherbury Family Trust (10/30/01), Ann L. Leatherbury, an individual and co-Trustee of Leatherbury Family Trust (10/30/01), and the Leatherbury Family Trust under Declaration of Trust Dates October 30, 2021, alleging: (1) foreclosure of mechanic’s lien; (2) breach of contract; (3) common count for work, labor, and services-agreed price; (4) common count for work, labor, and services-reasonable value; and (5) account stated.

            On 10/8/2021, Cross-Complainant Charles Leatherbury, an individual and co-Trustee of Leatherbury Family Trust (10/30/01) filed a cross-complaint against Paolo A. Schiappa aka Paul Schiappa, Niko Home Builders, Inc., and Suretec Insurance Company, alleging: (1) assault and battery; and (2) negligence.

            Now, Cross-Complainant Charles E. Leatherbury (Leatherbury) moves for terminating sanctions against NHB. Leatherbury also requests $2,975.00 in sanctions.

Discussion 

            Leatherbury argues that terminating sanctions are warranted because since initiating this action NHB has “flagrantly disregarded this Court's order which required NHB to respond to Defendant Leatherbury's initial written discovery and pay sanctions; discovery Leatherbury propounded more than eight months ago. Despite this Court's order, NHB still refuses to respond to Leatherbury's outstanding written discovery and refuses to pay any of the Court ordered sanctions. Given NHB's obstinance, nothing less than terminating sanctions will suffice.” (Motion, 3: 4-8.)

            In opposition, NHB argues that the discovery responses at issue involve the initial discovery phase, and thus the failure to comply with a Court order to provide responses does not support a conclusion of a “long history of discovery abuse.” (3: 7-9.) Shockingly, NHB’s opposition does not include the over-due responses, nor does it provide a production date. Rather, it blithely argues that “[t]rial is many months away and the discovery responses are being worked on and will be provided shortly.” (Opp., 3: 25-26.)

            Despite having initiated this litigation, NHB has repeatedly failed to oppose Leatherbury’s motions, and has flagrantly disobeyed a Court order to serve written responses by 5/18/2022 and pay a sanctions award $2,100. While the conditions warranting terminating sanctions are not yet met, sanctions are clearly necessary here.

NHB is to provide all outstanding discovery responses and issue the $2,100 sanctions payment within 15 days of entry of this order.  NHB and counsel are further sanctioned, jointly and severally, $2,975.00, the full amount requested by Leatherbury. This sanctions payment is due within 60 days of entry of this order.

            Based on the foregoing, Leatherbury’s request for terminating sanctions is denied. However, Leatherbury’s request for monetary sanctions is granted in full.

It is so ordered.

Dated:  August    , 2022

   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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