Judge: Mark H. Epstein, Case: 21STCV17582, Date: 2023-11-06 Tentative Ruling

If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling. Please call the court no later than 4:30 p.m. on the court day before the hearing, leave a message with the court clerk at (310) 260-3629 advising her that all parties will submit on the tentative ruling and waive hearing, and finally, serve notice of the Court's ruling on all parties entitled to receive service. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing.

Case Number: 21STCV17582    Hearing Date: February 23, 2024    Dept: I

This is an unopposed motion for terminating sanctions against defendant.  On November 22, 2023, the court granted a motion to compel defendant’s deposition and pay sanctions.  Defendant nonetheless still refuses to appear for his deposition.  Plaintiff asserts that defendant (who became self-represented after the court granted his attorney’s motion to withdraw) has simply stopped doing anything regarding this case.  And that would appear to be true.  Given that view, the court agrees with plaintiff that the court can issue order after order, but nothing will change.  Defendant will continue to ignore his discovery obligations and will continue to refuse to be deposed or otherwise respond to discovery and will continue to refuse to be deposed.  Defendant has that right (kind of), but it is essentially the same as the right to take a default.  In other words, a party being sued has the right to accept the suit, take a default, and have judgment entered, thereby eliminating the time and expense of mounting a defense.  But the consequence of that decision is (of course) the default.  That seems to be the choice defendant here has made. 

The court notes that it would have felt differently had there been any form of opposition to the motion.  Any indication that defendant planned to participate in the case and follow the court’s orders would have resulted in a lesser sanction.  But the failure to oppose the motion speaks volumes.

The motion is, therefore, GRANTED.  The answer is STRICKEN.  The court directs plaintiff not to seek a default for 15 days after notice of this order is served.  If, during that period, defendant moves to reinstate the answer, the court will consider that motion.  After all, the goal is to get defendant to start fulfilling his obligations in this case, not to get a quick default.  But if defendant does nothing during that time, plaintiff should seek a default to the extent it is proper to do so.  What the court means by that is that the jurisdictional maximum judgment is likely $25,001.  That is because the complaint (properly) lists no specific damage amount and it appears that no statement of damages has been filed or served.  If plaintiff wants more than that, plaintiff will need to file and serve a statement of damages before taking a default.  If plaintiff does so, plaintiff should wait 15 days after filing and serving the statement of damages before seeking default.  If defendant does nothing, plaintiff may seek a default and if default is entered, then plaintiff may seek a default judgment consistent with the statement of damages and the injury suffered.