Judge: Richard S. Whitney, Case: 37-2020-00029050-CU-CO-CTL, Date: 2024-04-05 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 03, 2024

04/05/2024  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Contract - Other Motion Hearing (Civil) 37-2020-00029050-CU-CO-CTL PENNINGS VS SAUNDERS [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: PLAINTIFFS' MOTION TO STRIKE ANSWER AND ENTER DEFAULT OF DEFENDANT is GRANTED, in part.

Plaintiffs HAYLEY PENNINGS and BRIAN PENNINGS ('Plaintiffs') seek the harshest sanction possible – terminating sanctions via the striking of Defendant Trevor Saunders' ('Defendant') answer. The Court has authority to issue terminating sanctions for discovery abuses; however, '[b]ecause terminating sanctions are the most 'drastic' penalty, they are typically a 'last resort' to be 'used sparingly.'' (Siry Investment, L.P. v. Farkhondehpour (2020) 45 Cal.App.5th 1098, 1118 [Citation omitted].) Notwithstanding, 'the imposition of lesser sanctions is 'not an absolute prerequisite' to the imposition of terminating sanctions for violation of a court order.' (Id. [Citation omitted].) [S]anctions are generally imposed in an incremental approach, with terminating sanctions being the last resort. (Ibid.) However, even under the Civil Discovery Act's incremental approach, the trial court may impose terminating sanctions as a first measure in extreme cases, or where the record shows lesser sanctions would be ineffective.

(Department of Forestry & Fire Protection v. Howell (2017) 18 Cal.App.5th 154, 191–192.) Plaintiffs also seek monetary sanctions under CCP section 2023.030. Defendant's counsel does not deny that the failure to provide discovery responses was Defendant's counsel's fault and that the failure constitutes 'misuse of the discovery process.' (Code Civ. Proc., § 2023.030.) Based on Defendant's counsel's representations, the Court finds terminating sanctions would be too harsh under the circumstances. However, Plaintiffs have endured more than one discovery abuse. Therefore, the Court awards Plaintiffs $8,675.00 in sanctions against Defendant. The sanctions are to be paid within ten (10) calendar days. Further, if Defendant fails to provide the outstanding discovery responses and to produce documents within ten (10) calendar days, the Court will, absence special circumstances, grant a future motion for terminating sanctions and award Plaintiffs attorney's fees for bringing such motion.

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