Judge: Lynne M. Hobbs, Case: 20STCV02402, Date: 2023-09-26 Tentative Ruling

Case Number: 20STCV02402    Hearing Date: September 26, 2023    Dept: 30

MIGUEL URIAS HIGUERA, AN INDIVIDUAL vs LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, A PUBLIC ENTITY

Motion to Dismiss for Failure to Obey Discovery Orders 

Rulings: Defendant’s motion to dismiss is GRANTED. Request for monetary sanctions is denied. Moving party to give notice.

Discussion:  Defendant moves the Court for terminating sanctions. On April 4, 2023, the Court ordered Plaintiff to attend a defense medical examination within 30 days or the earliest available appointment. Defendant states that it wrote to Plaintiff to meet and confer regarding the date for the new appointment, but Plaintiff never contacted defense counsel to reschedule the neurological exam. 

The Court finds that Defendant has presented sufficient evidence to show that terminating sanctions are appropriate.¿ Here, Plaintiff failed to comply with the Court’s April 4th order and failed to schedule the date for the medical examination.¿ In addition, it appears that Plaintiff has abandoned the case, as he did not file an opposition to the instant Motion and has not explained to the Court why terminating sanctions are not appropriate.¿¿

Given that the Court awarded terminating sanctions, the Court declines to impose monetary sanctions as well.