Judge: Mark H. Epstein, Case: 23SMCV05504, Date: 2025-01-08 Tentative Ruling

Case Number: 23SMCV05504    Hearing Date: January 8, 2025    Dept: I

The unopposed motion for terminating sanctions is GRANTED.  On December 19, 2023, defendant was served with discovery.  Defendant never responded, forcing plaintiff to bring two motions, both of which were granted.  Defendant has still not provided any responses, let alone do anything to attempt compliance with the court’s order.  It therefore appears that defendant no longer has an interest in litigating the case, and further orders will be of no benefit unless they are so strong as to be the functional equivalent of a terminating sanction.  Defendant’s answer is therefore STRICKEN and defendant is deemed to be IN DEFAULT.  Plaintiff will file papers for a default judgment, but will not do so for at least 20 days.  If, during that time, defendant moves to set aside this order, the court will rule on that motion before entering a judgment.   This should be read as a last chance for defendant to suggest that it does want to defend itself and to try to explain its conduct and argue for a lesser sanction.