Judge: William A. Crowfoot, Case: 20STCV00078, Date: 2023-01-04 Tentative Ruling

Case Number: 20STCV00078    Hearing Date: January 4, 2023    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On January 2, 2020, plaintiff Nur Jahan (“Plaintiff”) filed this action against defendant Michael Devin Senda (“Defendant”) arising from a motor vehicle collision that occurred on January 4, 2018.  On December 2, 2022, Defendant filed this motion for terminating sanctions against Plaintiff on the grounds that Plaintiff has disobeyed the Court’s order dated October 27, 2022 which directed Plaintiff to serve verified discovery responses and pay monetary sanctions. 

Where a party fails to obey an order compelling answers to discovery, “the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction.”  (Code Civ. Proc., §§ 2030.290, subd. (c), 2023.010, subd. (c); R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495.)  Before imposing terminating sanctions, the court should consider the totality of the circumstances, including conduct of the party to determine if the actions were willful, the detriment to the propounding party, and the number of formal and informal attempts to obtain discovery.  (Lang v. Hochman (2000) 77 Cal.App.4th 1225, 1246.)  If a lesser sanction fails to curb abuse, a greater sanction is warranted.  (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.)  However, “the unsuccessful imposition of a lesser sanction is not an absolute prerequisite to the utilization of the ultimate sanction.”  (Deyo v. Killbourne (1978) 84 Cal.App.3d 771, 787.)  Terminating sanctions should not be ordered lightly, but are justified where a violation is willful, preceded by a history of abuse, and there is evidence that less severe sanctions would not produce compliance with the discovery rules.  (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992.)

Before any sanctions may be imposed the court must make an express finding that there has been a willful failure of the party to serve the required answers.  (Fairfield v. Superior Court for Los Angeles County (1966) 246 Cal.App.2d 113, 118.)  Lack of diligence may be deemed willful where the party understood its obligation, had the ability to comply, and failed to comply.  (Deyo, supra, 84 Cal.App.3d at p. 787; Fred Howland Co. v. Superior Court of Los Angeles County (1966) 244 Cal.App.2d 605, 610-611.)  The party who failed to comply with discovery obligations has the burden of showing that the failure was not willful.  (Deyo, supra, 84 Cal.App.3d at p. 788; Cornwall v. Santa Monica Dairy Co. (1977) 66 Cal.App.3d 250; Evid. Code, §§ 500, 605.)

Plaintiff filed no opposition to this motion and it is undisputed they failed to serve responses to discovery, failed to pay monetary sanctions, and disobeyed a court order to do so.  Defendant served a Notice of Ruling on Plaintiff.  Therefore, the Court concludes Plaintiff knew of their discovery obligations, knew of the court order compelling their compliance, and failed to show their noncompliance was not willful.  Given Plaintiff’s prior failures to comply with discovery obligations, failures to meet and confer with defense counsel, and apparent disinterest in prosecuting this action, the Court finds lesser sanctions would not curb the abuse.

Accordingly, Defendant’s Motion for terminating sanctions is GRANTED and Plaintiff’s action is hereby dismissed with prejudice.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.