Judge: Ronald F. Frazier, Case: 37-2021-00050116-CU-PO-CTL, Date: 2023-11-09 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 19, 2023

10/20/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Ronald F. Frazier

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Civil - Unlimited  PI/PD/WD - Other Discovery Hearing 37-2021-00050116-CU-PO-CTL BANKS VS CRYSTAL PIER HOTEL INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 03/30/2023

Defendants' unopposed Motion for Order Imposing Terminating Sanction Against Plaintiff for Failure to Comply with Court Order to Provide Discovery Responses is DENIED. (ROA 53.) On February 17, 2023, the court ordered Plaintiff to serve responses to Defendants' Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Production (Set One) on or before March 17, 2023, and to pay a monetary sanction of $620.00 to Defendants.

According to Defendants' unopposed motion, Plaintiff has failed to serve responses and has failed to pay the monetary sanction.

Terminating sanctions are a drastic remedy. (J.W. v. Watchtower Bible and Tract Society of New York, Inc. (2018) 29 Cal.App.5th 1142, 1169.) At this stage, the court finds terminating sanctions would not be appropriate, as there is not sufficient evidence for the court to conclude lesser sanctions would be ineffective. This ruling is without prejudice for Defendants to bring a renewed motion for terminating sanctions, should the circumstances warrant.

The court orders Plaintiff to serve his verified responses to the discovery requests on Defendants' counsel no later than November 3, 2023.

The court also sets an OSC re: Why Additional Monetary Sanctions Should Not Be Imposed on Plaintiff for failing to comply with the court's February 17, 2023 and October 20, 2023 rulings. (Code Civ. Proc. § 177.5.) The OSC re: Additional Monetary Sanctions is set for Thursday, November 9, 2023 at 10:15 a.m.

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