Judge: Stephen I. Goorvitch, Case: 21STCV13651, Date: 2023-01-20 Tentative Ruling

Case Number: 21STCV13651    Hearing Date: January 20, 2023    Dept: 39

Kim Wood v. Joel Boulanger Landscape Construction, et al.

Case No. 21STCV13651

Motion for Terminating Sanctions

            The Court posts this tentative on Wednesday, January 18, 2022, and provides notice that if Defendant Joel Boulanger does not appear at the hearing, either remotely or in-person, he shall waive the right to be heard on this motion and shall submit to entry of this tentative order. 

            Plaintiffs Kim Wood and Freeman Wood (“Plaintiffs”) previously moved to compel responses from Defendant Joel Boulanger (“Defendant”) to Form Interrogatories, set two (“FROG”).  Plaintiffs also moved to deem the matters specified in the Requests for Admission, Set Two (“RFAs”), to have been admitted.  The Court granted the motion to compel and ordered Defendant to provide a code-compliant response, without objections, within twenty (20) days.  (See Court’s Minute Order, dated November 21, 2022.)  The Court also granted the motion to deem admitted.  (Ibid.)  The Court also ordered Defendant to pay monetary sanctions.

            Plaintiffs filed a motion for terminating sanctions based upon Defendant’s non-compliance with his discovery obligations.  Defendant did not file any opposition to this motion, and the record reflects no good cause for Defendant’s failure to comply with his discovery obligations.  The Court finds that nothing less than terminating sanctions will suffice.  Defendant has abused the discovery process and has not been participating in this litigation.  The Court previously ordered monetary sanctions, to no avail, and all admissions have been deemed admitted.  Therefore, good cause having been shown, and the Court having considered whether lesser sanctions would be appropriate, the Court rules as follows:

1.         Plaintiffs’ motion for terminating sanctions is granted.

            2.         The Court strikes the answer of Defendant Joel Boulanger.

            3.         The Court advances and vacates all dates.

            4.         The Court orders Plaintiffs’ counsel to submit a default judgment packet supported by sufficient admissible evidence (e.g., declarations from his clients, etc.)

            5.         The Court sets an Order to Show Cause why this case should not be dismissed for lack of prosecution under Code of Civil Procedure sections 581 and 583 for February 17, 2023, at 8:30 a.m.

            6.         Plaintiffs’ counsel shall provide notice and file proof of such with the Court.