Judge: Theodore R. Howard, Case: 20-1164195, Date: 2022-09-22 Tentative Ruling

The Motion to Strike Answer for Failure of Defendants to Comply with Court Ordered Discovery, etc. filed by Plaintiff Arch7 LLC  (“Plaintiff”) on 4/26/22 appears well-taken, as it reflects a continued failure by Defendant Plutos Sama Holdings, Inc. (“Plutos”) to respond to discovery, despite prior court orders requiring it to do so. 

However, the Court notes that the proofs of service on both the Notice of Ruling filed on 4/1/22, and on this Motion, reflects a slightly different mailing address for defense counsel (Suite 400 rather than Suite 420).  Plaintiff’s counsel should be prepared to address at the time of the hearing why this service was sufficient, and whether any attempts have been made to communicate with defense counsel by email or by phone since 3/3/22.

If adequate service can be confirmed at the hearing, the Court will grant the Motion, as the evidence presented demonstrates that Plutos has now failed to respond to Plaintiff’s discovery for over 19 months, despite a prior court order requiring it to do so.  In addition, the imposition of a lesser sanction in March 2022 failed to result in compliance.  In light of Plutos’ continued failure to comply with its discovery obligations, and its failure to even respond either to the prior motions to compel or to this motion, it does not appear that any lesser sanction will cure the abuse. The Court will therefore – upon an adequate showing by the time of the hearing that service has indeed been proper – grant the motion to strike Plutos’ answer. 

In addition, Plutos’ failure to comply with this Court’s prior orders to provide discovery constitutes an additional misuse of the discovery process under C.C.P. §2023.010(g).  Monetary sanctions are thus also warranted.  However, as the Motion is unopposed, the Court finds that only $490 in sanctions should be imposed on Plutos, to be paid to Plaintiff, through its counsel of record, within 20 days after service of notice of the final ruling on this Motion.

Counsel for Plaintiff to give notice.