Judge: Lynne M. Hobbs, Case: 22STCV27554, Date: 2023-07-11 Tentative Ruling

Case Number: 22STCV27554    Hearing Date: September 27, 2023    Dept: 30

MERCURY INSURANCE COMPANY vs ROCHELLE YARJAN, et al.

Motion to Terminating Sanctions

Tentative Ruling:  Plaintiff’s motion for terminating sanctions is GRANTED.  Defendant Yarjan's Answer is stricken. Moving party is to give notice of this ruling.

Discussion:

On July 11 and 12, 2023, the Court granted Plaintiff’s motions to compel Defendant’s responses to requests for admissions, request for production of documents, and form interrogatories. Plaintiff’s counsel testifies that Defendant has not responded to discovery to date. (Thai Decl., ¶¶3,4.)

The Court may grant Plaintiff’s motion to dismiss because the evidence shows that less severe sanctions would not produce compliance with the discovery rules. Defendant’s responses to Plaintiff’s discovery requests were originally due in January 2023. Defendant has now delayed responding to Plaintiff’s discovery requests for more than 9 months. Defendant did not respond to Plaintiff’s request, did not oppose the July 2023 discovery motions, and does not oppose this motion. It appears Defendant is no longer interested in litigating this matter.

Plaintiff’s motion for terminating sanctions and to strike Yarjan's answer is granted.