Judge: Thomas S. Mcconville, Case: 2021-01192359, Date: 2023-07-31 Tentative Ruling

Defendant City of Irvine’s  Motion for Terminating Sanctions is GRANTED. (See Code Civ. Proc. § 2023.010.)

Defendant has served various discovery requests on Plaintiff Jordan Dorriz, and has received no responses.  (Crandall Decl.).  Following plaintiff’s failure to respond to the most recently served discovery requests, defendant filed motions to compel and for sanctions.  Plaintiff, now self-represented, never responded to the motions, and did not appear at the hearing.  (Minute Order 3/20/23).  The court granted the motions, and ordered monetary sanctions.  (Id.).  Plaintiff did not comply with the court’s order, and never responded to defendant’s letters related to the court’s order.  (Crandall Decl. para. 13-14).  Plaintiff has not filed an opposition to defendant’s current motion.  Plaintiff has filed nothing in this case, nor appeared at the scheduled hearing, since being self-represented.

The court has imposed incremental discovery sanctions in this matter, including orders to provide discovery, and monetary sanctions. (See Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992 [endorsing “an incremental approach to discovery sanctions”].)  This has failed to obtain plaintiff’s  compliance with plaintiff’s obligations to respond to discovery, so issuance of further orders to comply or imposition of additional monetary sanctions would appear to be futile.

The court finds that plaintiff’s failure to comply with this court’s orders to provide discovery has significantly prejudiced defendant’s ability to present an effective defense and prepare for trial.  Indeed, plaintiff failed to appear for the court-ordered independent medical examination, which should occur for defendant’s to properly defend against plaintiff’s claims for damages.  Plaintiff’s failure to comply with the deposition order is but one of the factors demonstrating that additional sanctions are warranted.

The court finds that plaintiff  has failed to comply with court orders to provide discovery, and that her failure to comply was willful. (See R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495.)  

Pursuant to CCP 2030.290(c), 2031.300(c), and 2023.010, the court imposes terminating sanctions.  Specifically, under CCP 2023.030(d)(3), the court orders plaintiff’s complaint dismissed.

Defendant shall give notice.