Judge: Melvin D. Sandvig, Case: 21CHCV00444, Date: 2023-11-29 Tentative Ruling

Case Number: 21CHCV00444    Hearing Date: November 29, 2023    Dept: F47

Dept. F47

Date: 11/29/23                                                      TRIAL DATE: 2/13/24

Case #21CHCV00444

MOTION FOR TERMINATING SANCTIONS

Motion filed on 10/20/23.

MOVING PARTY: Defendant Handy Technologies, Inc.

RESPONDING PARTY: Plaintiffs Edmond Niknammoghadam and April Nicholson

NOTICE: ok

RELIEF REQUESTED: An order granting terminating sanctions against Plaintiffs Edmond Niknammoghadam and April Nicholson in the form of a dismissal of the First Amended Complaint. 

RULING: The motion is granted.  Plaintiffs’ First Amended Complaint is dismissed. 

On 6/13/23, this Court granted Defendant Handy Technologies (Defendant) three discovery motions.  Specifically, the Court deemed Requests for Admissions, Set 1, served on Plaintiffs Edmond Niknammoghadam and April Nicholson (Plaintiffs) admitted and ordered Plaintiffs to provide responses, without objections, to Defendant’s Requests for Production of Documents, Set 1, and Form Interrogatories, Set 1, within 30 days.  (See 6/13/23 Minute Order).  Additionally, Plaintiffs were ordered to pay sanctions in the total amount of  $3,750 also within 30 days.  Id.  On 6/14/23, Defendant served Plaintiffs with notice of the order.  (Noble Decl., Ex.A).

Plaintiffs failed to comply with the 6/13/23 order within the 30-day time limit.  (Noble Decl.).  Thereafter, Defendant’s counsel attempted to meet and confer with Plaintiffs in order to obtain responses to the requests for production and form interrogatories as ordered by the Court.  (Noble Decl., Ex.B-D).  Despite such efforts, Plaintiff failed and refused to comply with the Court’s order to provide discovery responses and/or to pay the sanctions imposed.  Id.

On 10/20/23, Defendant filed and served the instant motion seeking an order granting terminating sanctions against Plaintiffs in the form of a dismissal of the First Amended Complaint.  Plaintiffs have not opposed or otherwise responded to the motion.    

Due to Plaintiffs failure to comply with this Court’s 6/13/23 order to provide responses, without objections, to Defendants Requests for Production of Documents, Set 1, and Form Interrogatories, Set 1, and to pay sanctions in relation to such motions and the motion to deem Requests for Admissions Admitted, which was also granted on 6/13/23, Defendant is entitled to terminating sanctions in the form of the dismissal of Plaintiffs’ First Amended Complaint.  See CCP 2023.010(g); CCP 2023.030(d)(3); CCP 2030.290(c); CCP 2031.300(c).