Tentative Rulings

Case Number: 19STLC06656    Hearing Date: September 21, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

Defendants Oscar Demetrio Trujillo Pantiga and Wendy Varsasleiva (“Defendants”) move to dismiss the complaint of Plaintiff Dafed Cortes (“Plaintiff”) as a terminating sanction. The Court has discretion to impose terminating sanction when a party willfully disobeys a discovery order. (Code Civ. Proc., §§ 2023.010, subd. (g), 2030.290, subd. (c).) The court may impose a terminating sanction by striking a party’s pleading. (Code Civ. Proc., § 2023.030, subd. (d)(1).)

In its order of February 25, 2020, the Court ordered Plaintiff to serve verified responses to form interrogatories that Defendants served on Plaintiff within 30 days of notice of the order. Defendants served Plaintiff with notice of the ruling by mail on February 26, 2020. Plaintiff thus had until April 1, 2020 to serve responses in compliance with this Court’s order. As of the filing date of this motion, Plaintiff has not served responses to the discovery. Plaintiff has not opposed the motion, and there is nothing in the record to suggest that Plaintiff has complied with these discovery obligations. The Court finds that Plaintiff has acted willfully and that no lesser sanction would facilitate Plaintiff’s compliance with these discovery obligations. Therefore, the motion for terminating sanctions is granted. The Court finds that monetary sanctions would be futile.

CONCLUSION AND ORDER

Defendants’ motion for terminating sanctions is granted. This case is dismissed with prejudice. Defendants shall provide notice and file proof of such with the Court.

DATED: September 21, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

Case Number: 19STLC06656    Hearing Date: February 25, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

Defendants Oscar Demetrio Trujillo Pantiga and Wendy Vargasleiva (“Defendants”) move to compel responses from Plaintiff Dafed Cortes (“Plaintiff”) to Form Interrogatories, set one (“FROG”). Defendants served the FROG on Plaintiff by mail on October 7, 2019. Plaintiff’s responses were thus due no later than November 12, 2019. As of the filing date of the motion, Defendants have not received responses from Plaintiff. Plaintiff has not opposed the motion, and there is nothing in the record suggesting that Plaintiff has complied with these discovery obligations. Accordingly, the motion to compel responses to the FROG is granted per Code of Civil Procedure section 2030.290. Plaintiff is ordered to serve responses to Defendants’ FROG, without objections, within 30 days of service of this order.

Defendants seek sanctions in connection with the motion. The Court concludes that Plaintiff’s failure to respond to the discovery is an abuse of the discovery process. The Court awards sanctions against Plaintiff in the amount of $510, which Defendants request as their expenses in bringing this motion. The Court finds this amount to be fair and reasonable under the circumstances.

CONCLUSION AND ORDER

Defendants’ motion to compel responses to the FROG is granted per Code of Civil Procedure section 2030.290. Plaintiff is ordered to serve verified responses, without objections, within 30 days of notice of this order. Plaintiff is ordered to pay monetary sanctions in the amount of $510 to Defendants, by and through counsel, within 30 days of notice of this order. Defendants are ordered to provide notice of this order and file proof of service of such.

DATED: February 25, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court