Judge: Lynne M. Hobbs, Case: 21STCV38633, Date: 2023-08-24 Tentative Ruling

Case Number: 21STCV38633    Hearing Date: November 14, 2023    Dept: 30

MARIA GUADALUPE MURO AGUIRRE, et al. vs AMIR DAGHIHI ASLI

Motion for Terminating Sanctions as to Rosauro Aguirre De Muro's Complaint
Motion for Terminating Sanctions as to Hector Manuel Huro's Complaint

TENTATIVE

Defendant Amir Daghighi Asli, erroneously sued as Amir Daghihi Asli’s motion for terminating sanctions dismissing Rosaura Aguirre de Muro, and Hector Manuel Muro’s complaint against Defendant is GRANTED. The case is DISMISSED with prejudice.

DISCUSSION

Defendant Asli moves for terminating sanctions against Plaintiffs Rosaura Aguirre de Muro, and Hector Manuel Muro on the ground that Plaintiffs failed to comply with the Court's August 25, 2023, order compelling Plaintiffs to respond to discovery.

On August 25, 2023, this Court granted Defendant’s Motions to Compel and ordered Plaintiffs to serve verified responses to Form Interrogatories and Request for Production of Documents within 20 days. (8/25/2023 Minute Order.) Notice was given to Plaintiffs on August 28, 2023. (Feldman Decl., Exh. A.) Despite the Court’s Order, Plaintiffs failed to respond to the discovery at issue. (Id., ¶ 6.)

The Court finds terminating sanctions action against Plaintiffs is appropriate. Plaintiffs have failed to respond to discovery, failed to comply with the Court's order to respond to discovery, and failed to oppose this motion for terminating sanctions, despite proper service of this motion. Thus, it appears imposing less severe sanctions against Plaintiffs would not produce compliance, and that Plaintiffs are disinterested in prosecuting this case.