Judge Lisa R. Jaskol, Case Number: 21STCV21895, Date: 2023-08-04 Tentative Ruling

Judge: Lisa R. Jaskol, Case: 21STCV21895, Date: 2023-08-04 Tentative Ruling

Case Number: 21STCV21895 Hearing Date: August 4, 2023 Dept: 28

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On June 11, 2021, Plaintiff Evelyn Ngozi Oranusi (“Plaintiff”) filed this action against Defendant Bobby Ray Powell (“Defendant”) for motor vehicle and general negligence.

On October 21, 2022, Defendant filed an answer.

On June 28, 2023, Defendant filed a motion for terminating sanctions to be heard on August 4, 2023. Plaintiff has not filed an opposition.

The trial date currently set for December 12, 2023.

PARTY’S REQUEST

Defendant requests that the Court issue terminating sanctions against Plaintiff and impose monetary sanctions.

LEGAL STANDARD

Code of Civil Procedure section 2023.030 gives the court discretion to impose sanctions against anyone engaging in a misuse of the discovery process. A court may impose terminating sanctions by striking pleadings of the party engaged in misuse of discovery or entering default judgment. (Code Civ. Proc., § 2023.030, subd. (d).) A violation of a discovery order supports the imposition of terminating sanctions. (Collison & Kaplan v. Hartunian (1994) 21 Cal.App.4th 1611, 1620.) Terminating sanctions are appropriate when a party persists in disobeying the court's orders. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 795-796 (Deyo).)

A terminating sanction is a "drastic measure which should be employed with caution." (Deyo, supra, 84 Cal.App.3d at p. 793.) "A decision to order terminating sanctions should not be made lightly. But where a violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules, the trial court is justified in imposing the ultimate sanction." (Mileikowsky v. Tenet Healthsystem (2005) 128 Cal.App.4th 262, 279-280.)

DISCUSSION

On May 19, 2023, the Court ordered Plaintiff to provide responses to outstanding discovery, without objections, by May 29, 2023. Plaintiff has not provided responses.

The Court grants the motion for terminating sanctions because the Court does not believe that a less severe sanction would produce compliance with the discovery rules.

Defendant requests the Court impose $430.00 in sanctions, based on 2 hours of attorney’s time at a rate of $185.00 per hour and 1 $60.00 filling fee. Counsel spent 1 hour drafting the motion and anticipates spending 1 hour to attend the hearing on the motion.

The Court awards $337.50 in sanctions based on 1.5 hours of attorney time and one $60 filing fee.

CONCLUSION

The Court GRANTS Defendant Bobby Ray Powell’s motion for terminating sanctions.

The Court dismisses Plaintiff Evelyn Ngozi Oranusi’s complaint under Code of Civil Procedure section 1023.030, subdivision (b)(3).

The Court GRANTS Defendant Bobby Ray Powell’s request for sanctions. Plaintiff is ordered to pay $337.50. in sanctions to Defendant within 30 days of the hearing on the motion.

Moving party is ordered to give notice of this ruling.