Judge: Mark H. Epstein, Case: SC121704, Date: 2022-10-25 Tentative Ruling

Case Number: SC121704    Hearing Date: October 25, 2022    Dept: R

The unopposed motion for terminating sanctions is GRANTED.  Plaintiff brought this action against defendant.  Defendant served discovery.  Plaintiff did not respond and the Court granted defendant’s resulting motion to compel and issued sanctions.  Plaintiff did not respond and the Court granted defendant’s resulting motion for monetary and evidentiary sanctions and ordered plaintiff to provide responses.  Plaintiff still has not responded.  The Court is convinced that plaintiff has no intent to litigate the case or participate in discovery.  The lesser evidentiary sanction was not enough to give rise to compliance.  The Court can only conclude that plaintiff’s behavior is willful and deliberate.  Further, plaintiff has not participated in various status conferences.  Under the circumstances, the Court is left with no choice but to grant the motion for terminating sanctions.  The Court will discuss whether counsel has authority for the proposition that the matter should be dismissed with prejudice (as defendant requests) or without.