Judge: Linda S. Marks, Case: 2020-01144721, Date: 2023-05-22 Tentative Ruling

1. Motion for Terminating Sanctions filed by Telecare Corporation

Defendant Telecare Corporation (“Telecare”) will and hereby does move this Court for an Order granting terminating sanctions and monetary sanctions in the amount of $7,900.00 against Plaintiff Christina Roberts (“Plaintiff”) for continued abuse of the discovery process, and for failing to comply with this Court’s December 13, 2021 and August 31, 2022 Orders compelling Plaintiff’s appearance for deposition and for payment of monetary sanctions.

Pursuant to Ca Code Civ. Proc.§2023.030(d)(1), the Court may impose a terminating sanction by striking out the pleadings of any party engaging in the misuse of the discovery process.

Here, the Court’s record coupled with the Declaration of Attorney Besch makes clear that Plaintiff has willfully failed to comply with this Court’s orders.

Initially, on 12/13/2021 Plaintiff was ordered to attend her deposition. (See ROA 61.) She failed to do so.

Thereafter, on 8/31/2022 in denying Defendant’s Motion for Terminating Sanctions, the Court again ordered Plaintiff “to appear at her deposition within 30 days of this date and ordered Plaintiff to  pay monetary sanctions in the amount of $1000 payable within 30 days.” (See ROA 95. )

According to the Declaration of Attorney Besch, “As of this date, my office has not been contacted by Plaintiff concerning appearing for her deposition or for the purpose of arranging payment of the $1,000.00 monetary sanctions issued on August 31, 2022.” (Decl. of Besch¶38.)

As such, it does not appear that incremental sanctions have compelled Plaintiff to comply with her discovery duties or this Court’s prior two orders. As this motion is unopposed and Plaintiff has failed to appear at recent hearings, it appears she may have abandoned the case.

Motion for Terminating Sanction is GRANTED. The case is dismissed. Trial date is vacated. The Motion for Monetary Sanctions is DENIED.

Clerk to give notice.

2. Trial Setting Conference

OFF CALENDAR