Judge: Ronald F. Frazier, Case: 37-2022-00033223-CU-BC-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 05, 2023

10/06/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Ronald F. Frazier

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00033223-CU-BC-CTL PROSPECT COASTAL LLC VS RESIDENTIAL AGENT INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 02/15/2023

Plaintiff's unopposed Motion for Terminating and Monetary Sanctions against Defendant is DENIED.

(ROA 39.) However, the court orders Defendant's answer stricken on its own motion.

The basis of Plaintiff's motion for sanctions is Defendant's failure to respond to discovery. However, Plaintiff has not brought a motion to compel initial responses. Accordingly, the court considers any monetary or other sanctions request premature.

Moreover, seeking terminating sanctions as a first measure is contrary to the Code's incremental approach to discovery sanctions. (J.W. v. Watchtower Bible and Tract Society of New York, Inc. (2018) 29 Cal.App.5th 1142, 1169 (citations omitted).) As Plaintiff states in its moving papers, in order for the court to issue terminating sanctions, it must make a finding of willfulness. The court is not persuaded there is evidence of willful failure to respond to discovery.

However, the court granted Attorney Matthew Kenefick's unopposed motion to be relieved as counsel for Defendant Residential Agent, Inc. on November 18, 2022. (ROA 26.) Since that time, Defendant has not obtained legal counsel.

A corporation may not represent itself in court. (Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 729-30.) Accordingly, the court, on its own motion, orders Defendant's Answer to Plaintiff's Complaint stricken. (Code Civ. Proc. § 436.) Calendar No.: Event ID:  TENTATIVE RULINGS

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