Judge: Jon R. Takasugi, Case: 21STCV35133, Date: 2022-10-04 Tentative Ruling

Case Number: 21STCV35133    Hearing Date: October 4, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Plaintiff’s motion for terminating sanctions is GRANTED and Defendant Lott’s answer is hereby ordered stricken. Defendant is sanctioned $2,055.00, payable within 40 days of entry of this order.

On 9/23/2021, Plaintiff Insight Psychotherapy Group (Plaintiff) filed suit against Kyle Lott (Defendant), alleging: (1) conversion; (2) breach of fiduciary duty; (3) unjust enrichment; (4) an accounting; and (5) fraud, deceit, and misrepresentation of fact.

            Now, Plaintiff moves for terminating sanctions against Defendant Kyle Lott (Defendant).

            The motion is unopposed.

Discussion 

            Plaintiff argues that terminating sanctions are warranted against Defendant based on the following conduct:

-         Defendant has failed to comply with 2 Court discovery orders compelling responses to form interrogatories and payment of monetary sanctions.

-         Defendant failed to appear at his scheduled oral deposition, forcing Plaintiff to file a motion to compel Defendant’s appeared.

-         Defendant has failed to appear at any of three Court scheduled Case Management Conferences (CMCs)

As a result of Defendant’s conduct, Plaintiff has not made any progress in this litigation discovery-wise since 12/8/2021.

Defendant’s conduct, alongside the fact that he failed to oppose this motion, indicates that Defendant is either unwilling or unable to litigate this action. As such, terminating sanctions are warranted. 

Based on the foregoing, Defendant’s answer is ordered stricken. Plaintiff is to seek the entry of default with the Clerk. Moreover, in light of Defendant’s abuses of the discovery process, and Defendant’s failure to oppose this motion, the Court grants in full Plaintiff’s request for $2,055.00 in sanctions against self-represented Defendant.

It is so ordered.

Dated:  October    , 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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