Judge: Lynne M. Hobbs, Case: 22STCV26113, Date: 2023-11-17 Tentative Ruling
Case Number: 22STCV26113 Hearing Date: November 17, 2023 Dept: 30
LESLIE WINCHESTER vs HIRERS OF SECURITY MAIN STREET PLAZA AND/OR GLOBAL SECURITY CONCEPTS, et al.
Defendant's Motion for Terminating Sanctions against Plaintiff
TENTATIVE
Defendant’s motion for terminating sanctions dismissing Plaintiff’s complaint against Defendant is GRANTED. The complaint against Defendant Hirers of Security Main Street Plaza and/or Global Security Concepts is dismissed with prejudice. Moving party to give notice.
DISCUSSION
Defendant moves for terminating sanctions against Plaintiff on the ground that Plaintiff failed to comply with the Court's May 30, 2023, order compelling Plaintiff to respond to discovery.
On May 30, 2023, this Court granted Defendant’s Motions to Compel and ordered Plaintiff to serve responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents within 20 days. (5/30/2023 Minute Order.) Notice was given to Plaintiff on the same day. (Elrawi Decl., ¶ 8; Exh. E.) Despite the Court’s Order, Plaintiff failed to respond to the discovery at issue. (Id., ¶ 9.)
The Court finds terminating sanctions action against Plaintiff is appropriate. Plaintiff has 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 Plaintiff would not produce compliance, and that Plaintiff is disinterested in prosecuting this case.