Judge: Richard S. Whitney, Case: 37-2022-00037597-CU-PA-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  PI/PD/WD - Auto Motion Hearing (Civil) 37-2022-00037597-CU-PA-CTL BOATNER VS GONZALEZ [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: DEFENDANT GONZALO VALENZUELA GONZALEZ'S UNOPPOSED MOTION FOR TERMINATING SANCTIONS is GRANTED.

Failure to file any opposition to the motion indicates Plaintiff Lashawnda Boatner's ('Plaintiff') 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).) Plaintiff has not complied with this Court's orders 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 Plaintiff's failures to participate in discovery, failure to comply with this Court's orders, and failure to oppose this motion, the Court elects to impose terminating sanctions against Plaintiff. The motion is granted. Plaintiff's complaint is hereby dismissed with prejudice.

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