Judge Lee W. Tsao, Case Number: 22NWCV00148, Date: 2023-11-30 Tentative Ruling

Judge: Lee W. Tsao, Case: 22NWCV00148, Date: 2023-11-30 Tentative Ruling

Case Number: 22NWCV00148 Hearing Date: November 30, 2023 Dept: C

THE BICYCLE CASINO v. MOMENI

CASE NO.: 22NWCV00148

HEARING: 11/30/23

Plaintiff Bicycle Casino’s unopposed motion for terminating sanctions is GRANTED. Defendant FARHAD MOMENI’s Answer is STRICKEN. The request for monetary sanctions is DENIED.

Moving Party to give Notice.

No Opposition filed as of November 27, 2023.

CCP §2023.030 provides, in part: “To the extent authorized by this chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, may impose the [sanctions] against anyone engaging in conduct that is a misuse of the discovery process, including monetary and issue and terminating sanctions.” Failing to respond to an authorized method of discovery and disobeying a court order to provide discovery are both misuses of the discovery process.” (CCP §§2023.010 (d) and (g).) Sanctions which may be imposed for a misuse of the discovery process include “terminating sanctions.”

Plaintiff seeks terminating and monetary sanctions because Defendant is refusing to participate in the discovery process. Specifically, Defendant has failed to comply with this Court’s March 2, 2023 Discovery Order.

Defendant does not oppose the instant Motion, and did not file Oppositions to the underlying five discovery motions granted on March 2, 2023.

It is a commonly stated axiom that discovery sanctions “should be appropriate to the dereliction and should not exceed that which is required to protect the interests of the party entitled to but denied discovery.” (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 793.) However, a court is empowered to apply the ultimate sanction against a litigant who persists in the outright refusal to comply with discovery obligations. The refusal to reveal material evidence is deemed to be an admission that the claim or defense is without merit. (Id. at 794-795.)

Where no Opposition to the instant Motion has been filed as of November 27, 2023 it is undisputed that Defendant is unwilling to comply with their discovery obligations.

The Court finds that terminating sanctions are warranted here. Plaintiff is entitled to seek discovery from Defendant, and Defendant’s refusal to participate in this litigation has thwarted Plaintiff’s legitimate interests. The court has already imposed monetary sanctions upon Defendant as part of its March 2, 2023 orders. The court determines that imposing additional monetary sanctions, or anything short of terminating sanctions, would be ineffective.

The motion for terminating sanctions is GRANTED as indicated above. Defendant’s Answer is STRICKEN. The Court DENIES monetary sanctions as terminating sanctions are sufficient redress.