Judge: Steven A. Ellis, Case: 22STCV16156, Date: 2025-03-18 Tentative Ruling

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Case Number: 22STCV16156    Hearing Date: March 18, 2025    Dept: 29

Ramiro v. DowneyGasNGo, Inc.
22STCV16156
Defendant’s Motion for Terminating and Monetary Sanctions

Tentative

The motion is denied.

Background

On May 13, 2022, Alonso Ramiro (“Plaintiff”) filed a complaint against Downey Gas’N’Go Inc. (“Defendant”) and Does 1 through 100 for premises liability cause of action arising out of an injury occurring on May 13, 2020.

On February 21, 2024, Defendant filed its answer.

On October 21, 2024, the Court granted Defendant’s motion to compel and ordered Plaintiff to respond to interrogatories and requests for production within 30 days of notice.

On February 13, 2025, Defendant filed this motion for terminating and monetary sanctions. No opposition has been filed.

Legal Standard

When a plaintiff fails to obey an order compelling answers to interrogatories, “the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010).  In lieu of or in addition to, that sanction, the court may impose a monetary sanction under Chapter 7.”  (Code Civ. Proc., § 2030.290, subd. (c).)

When a plaintiff fails to obey an order compelling responses to requests for production, “the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010).  In lieu of or in addition to, that sanction, the court may impose a monetary sanction under Chapter 7.”  (Code Civ. Proc., § 2031.300, subd. (c).)

In Chapter 7 of the Civil Discovery Act, section 2023.030 provides for monetary, evidence, issue, and terminating sanctions for any “misuse of the discovery process,” “[t]o the extent authorized by the chapter governing any particular discovery method or any other provision of this title.”  A “misuse of the discovery process” is defined to include (among other things) failing to respond or to submit to an authorized method of discovery; making, without substantial justification, an unmeritorious objection to discovery; making an evasive response to a discovery request; disobeying a court order to provide discovery; and making or opposing, unsuccessfully, a motion to compel without substantial justification. (Code Civ. Proc., § 2023.010, subds. (d)-(h).)

The Civil Discovery Act provides for an escalating and “incremental approach to discovery sanctions, starting with monetary sanctions and ending with the ultimate sanction of termination.” (Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604.) Discovery sanctions should be appropriate to and commensurate with the misconduct, and they “should not exceed that which is required to protect the interests of the party entitled to but denied discovery.” (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992.) “If a lesser sanction fails to curb misuse, a greater sanction is warranted: continuing misuses of the discovery process warrant incrementally harsher sanctions until the sanction is reached that will curb the abuse.” (Ibid.; see also, e.g., Mileikowsky v. Tenet Healthsystem (2005) 128 Cal.App.4th 262, 279-280.) 

Terminating sanctions should be used sparingly. (Doppes, supra, 174 Cal.App.4th at p. 992; R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal. App. 4th 486, 496.) “Although in extreme cases a court has the authority to order a terminating sanction as a first measure, a terminating sanction should generally not be imposed until the court has attempted less severe alternatives and found them to be unsuccessful and/or the record clearly shows lesser sanctions would be ineffective.” (Lopez, supra, 246 Cal.App.4th at p. 604.)  But where discovery violations are “willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules, the trial court is justified in imposing the ultimate sanction.” (Doppes, supra, 174 Cal.App.4th at p. 992.) Repeated and willful violations of discovery orders that prejudice the opposing party may warrant a terminating sanction. (Creed-21 v. City of Wildomar (2017) 18 Cal.App.5th 690, 702; Los Defensores, Inc. v. Gomez (2014) 223 Cal.App.4th 377, 390; Biles v. Exxon Mobil Corp. (2004) 124 Cal.App.4th 1315, 1327; Lang v. Hachman (2000) 77 Cal.App.4th 1225, 1246; Collisson X Kaplan v. Hartunian (1994) 21 Cal.App.4th 1611, 1617-1622.)

The primary purpose of discovery sanctions is to obtain compliance with the Civil Discovery Act and the Court’s orders. It is not to punish. (Newland v. Super. Ct. (1995) 40 Cal.App.4th 608, 613; Ghanooni v. Super Shuttle of Los Angeles (1993) 20 Cal.App.4th 256, 262.) A discovery sanction should not create a “windfall” for a party or place a party in a better position than it would have been if the opposing party had simply complied with its obligations under the Court’s orders and the Civil Discovery Act. (Rutledge v. Hewlett-Packard Co. (2015) 238 Cal.App.4th 1164, 1194; see also 2 Weil & Brown, California Practice Guide: Civil Procedure Before Trial (The Rutter Group 2023), ¶¶ 8:2214-2220.)

It is “never justified” for a court to impose a terminating sanction “solely because of a failure to pay a monetary discovery sanction.”  (Newland, supra, 40 Cal.App.4th at p. 615.)

Discussion

On October 21, 2024, the Court ordered Plaintiff to respond to interrogatories and requests for production.  Defendant was ordered to give notice.  (Minute Order dated October 21, 2024.)

Plaintiff has failed to obey the Court order.  (Germany Decl., ¶ 5.)

The motion for terminating sanctions and monetary sanctions is denied, as no proof of service of the order on Plaintiff’s counsel has been filed.  No proof of service was filed with this motion.  A notice of ruling was filed with the Court on November 12, 2024, but the attached proof of service is unsigned.

Conclusion

The Court DENIES Defendant’s motion for terminating and monetary sanctions.

Moving party to give notice.