Judge: Richard S. Whitney, Case: 37-2021-00000979-CU-OR-CTL, Date: 2023-12-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 21, 2023

12/22/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Other Real Property Discovery Hearing 37-2021-00000979-CU-OR-CTL SBS TRUST DEED NETWORK VS LAURENCE EDWARD MCCLUNG JR [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: CROSS-COMPLAINANT LAURENCE EDWARD MCCLUNG JR.'S UNOPPOSED MOTION FOR SANCTIONS AGAINST CROSS-DEFENDANT MUMINA A. RAHMAN FOR FAILURE TO OBEY COURT ORDER is GRANTED.

Failure to file opposition to the motion indicates Defendant/Cross-Defendant Mumina Rahman's ('Rahman') acquiescence that the motion is meritorious. (L.R. 2.1.19(B) ['The court may deem a lack of opposition to be a concession that a motion is meritorious']; See California Rules of Court, Rule 8.54(c).) Rahman has not complied with this Court's order and Plaintiff failed to oppose this motion. 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].) Given Rahman's failure to participate in discovery, failure to comply with this Court's order, and failure to oppose this motion, the Court elects to impose terminating sanctions against Rahman. Rahman's answer to Defendant/Cross-Complainant Laurence Edward McClung Jr.'s cross-complaint is hereby stricken, and default thereon entered. Further, Defendant/Cross-Complainant Laurence Edward McClung Jr. is awarded $1,810 in sanctions against Rahman.

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