Judge: Stephen I. Goorvitch, Case: BC640157, Date: 2022-08-30 Tentative Ruling

Case Number: BC640157    Hearing Date: August 30, 2022    Dept: 39

WFG National Title Insurance Company v. Tamara Dadyan, et al.

Case No. BC640157

Motions for Terminating Sanctions

Orders to Show Cause

            Plaintiff WFG National Title Insurance Company (“Plaintiff”) moves for terminating sanctions and asks the Court to strike the answers of three defendants who have not been participating in this litigation: Tamara Dadyan, Arthur Ayvzayan, and Ara Haritunian (collectively, “Defendants”).  The Court grants the motion for the reasons stated in Plaintiff’s motion.  Simply, the Court finds that Defendants failed to comply with their discovery obligations under the Code of Civil Procedure, and that their conduct was willful.  The Court also finds that Defendants willfully violated clear court orders relating to discovery, pretrial preparation, and appearances at hearings.  Therefore, the Court grants the motions and strikes Defendants’ answers.  In the alternative, the Court strikes Defendants’ answers pursuant to its written orders to show cause, which were issued based upon Defendants’ failures to appear at hearings as ordered by the Court.  The Court previously imposed monetary sanctions against Defendants to no avail.  The Court has considered the availability of lesser sanctions but finds that none would facilitate Defendants’ compliance with their discovery obligations and the Court’s orders.  Indeed, Defendants have not been participating in this litigation.  Therefore, the Court orders as follows:

            1.         The Court grants Plaintiff’s motions for terminating sanctions against Tamara Dadyan, Arthur Ayvzayan, and Ara Haritunian.  The Court strikes their answers and orders Plaintiffs to seek entry of default.  

            2.         In the alternative, the Court strikes the answers of Tamara Dadyan, Arthur Ayvzayan, and Ara Haritunian pursuant to its orders to show cause and orders Plaintiffs to seek entry of default.    

            3.         Plaintiff’s counsel shall provide notice and file proof of such with the Court.