Judge: Lisa R. Jaskol, Case: 22STCV29927, Date: 2023-06-29 Tentative Ruling

Case Number: 22STCV29927    Hearing Date: August 31, 2023    Dept: 28

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

BACKGROUND 

On September 14, 2022, Plaintiff Miranda Barajas Olibier (“Plaintiff”) filed this action against Defendant Food 4 Less of California, Inc. (“Defendant”) for negligence and premises liability. 

On November 3, 2022, Defendant filed an answer. 

On August 7, 2023, Defendant filed a motion for terminating sanctions to be heard on August 31, 2023. Plaintiff has not filed an opposition.

The trial is currently set for March 13, 2024. 

PARTY’S REQUEST 

Defendant requests that the Court issue terminating sanctions against Plaintiff and issue monetary sanctions of $920.00.

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 June 29, 2023, the Court granted Defendant’s motions to compel discovery. The Court ordered Plaintiff to serve verified responses by July 29, 2023.  Plaintiff has not served the 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 monetary sanctions of $920 under Code of Civil Procedure sections 2030.290, subdivision (c), 2031.300, subdivision (c), and 2023.010, subdivision (g), based on 4 hours of attorney’s work at a rate of $215.00 per hour and 1 $60.00 filling fee. Counsel spent 2 hours drafting the motion and anticipates spending 1 hour to prepare a reply to any opposition and 1 hour to attend the hearing. The motion is unopposed. The Court awards monetary sanctions totaling $490.00 based on 2 hours of attorney work and 1 filing fee.

CONCLUSION 

The Court GRANTS Defendant Food 4 Less of California, Inc.’s motion for terminating sanctions. 

The Court dismisses Plaintiff Miranda Barajas Olibier’s complaint with prejudice under Code of Civil Procedure section 1023.030, subdivision (b)(3). 

The Court GRANTS Defendant Food 4 Less of California, Inc.’s request for monetary sanctions.  Plaintiff Miranda Barajas Olibier is ordered to pay $490 in sanctions to Defendant within 30 days of the hearing on the motion. 

Moving party is ordered to give notice of this ruling.