Tentative Rulings

Case Number: BC672522    Hearing Date: July 31, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

Defendant Ethan John Whited (“Defendant”) moves to dismiss the complaint of Plaintiff Elmer R. Castellanos (“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 November 15, 2019, the Court ordered Plaintiff to serve verified responses to special interrogatories and requests for production of documents that Defendant served on Plaintiff within 60 days of notice of the order. Defendant served Plaintiff with notice of the ruling by mail on November 18, 2019. Plaintiff thus had until January 22, 2020 to serve responses in compliance with this Court’s order. As of the filing date of these motions, Plaintiff has not served responses to the discovery. Plaintiff has thus disobeyed this Court’s order of November 15, 2019. Further, Plaintiff has not opposed the motions, and has waived the right to argue that terminating sanctions are unwarranted. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) The Court has considered the option of lesser sanctions but finds that none would compel Plaintiff’s compliance with this Court’s orders and his discovery obligations. Therefore, the motion is granted. However, the Court concludes that monetary sanctions would be futile, and, in any event, terminating sanctions are sufficient.

CONCLUSION AND ORDER

Defendant’s motion for terminating sanctions is granted. Plaintiff’s complaint against Defendant is dismissed with prejudice. Defendant shall provide notice and file proof of such with the Court.

DATED: July 31, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

Case Number: BC672522    Hearing Date: June 29, 2020    Dept: 32

Superior Court of California

County of Los Angeles

Department 32

Defendant Ethan John Whited (“Defendant”) moves to dismiss the complaint of Plaintiff Elmer R. Castellanos (“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 November 15, 2019, the Court ordered Plaintiff to serve verified responses to special interrogatories and requests for production of documents that Defendant served on Plaintiff within 60 days of notice of the order. Defendant served Plaintiff with notice of the ruling by mail on November 18, 2019. Plaintiff thus had until January 22, 2020 to serve responses in compliance with this Court’s order. As of the filing date of these motions, Plaintiff has not served responses to the discovery. Plaintiff has thus disobeyed this Court’s order of November 15, 2019. Further, Plaintiff has not opposed the motions, and has waived the right to argue that terminating sanctions are unwarranted. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) The Court has considered the option of lesser sanctions but finds that none would compel Plaintiff’s compliance with this Court’s orders and his discovery obligations. Therefore, the motion is granted. However, the Court concludes that monetary sanctions would be futile, and, in any event, terminating sanctions are sufficient.

CONCLUSION AND ORDER

Defendant’s motion for terminating sanctions is granted. Plaintiff’s complaint against Defendant is dismissed with prejudice. Defendant shall provide notice and file proof of such with the Court.

DATED: June 29, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

Case Number: BC672522    Hearing Date: November 15, 2019    Dept: 5

The Court’s tentative order is to grant Plaintiff’s counsel’s motion to be relieved. The Court’s tentative order is to advance and vacate the current final status conference and trial dates and set the following dates:

Final Status Conference: April 8, 2020, at 10:00 a.m.

Trial Date: April 22, 2020, at 8:30 a.m.

The Court’s tentative order is to set the discovery and motions cut-off based upon the new trial date. Any party who does not appear at the hearing shall waive their right to be heard and shall submit to these tentative orders.

ORDER #2 of 2

Defendant Ethan John Whited (“Defendant”) moves to compel responses from Plaintiff Elmer R. Castellanos (“Plaintiff”) to: (1) Request for Production of Documents, Set Two (“RPD”); and (2) Special Interrogatories, Set Two (“SROG”). The motions are granted.

Defendant served the discovery at issue on Plaintiff by mail on July 17, 2019. Defendant granted Plaintiff multiple extensions of time to respond through September 9, 2019. As of the filing date of these motions, Defendant has not received responses from Plaintiff. Accordingly, the motions to compel responses to the RPD and SROG are granted per Code of Civil Procedure sections 2030.290 and 2031.300. Plaintiff is ordered to serve responses to Defendants’ RPD and SROG, without objections, within 60 days of notice of this order.

Defendants seek sanctions in connection with the motions. 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 (but not counsel-of-record) in the amount of $860, which represents four hours of attorney time to prepare the motions and attend the hearing at $185 per hour, plus two filing fees of $60 each.

CONCLUSION AND ORDER

Defendant’s motions to compel responses to the RPD and SROG are granted per Code of Civil Procedure sections 2030.290 and 2031.300. Plaintiff is ordered to serve verified responses, without objections, within sixty (60) days of notice of this order.

Plaintiff shall pay monetary sanctions in the amount of $860 to Defendant, by and through counsel, within sixty (60) days of notice of this order.

Defendant is ordered to provide notice of this order and file proof of service of such.

DATED: November 15, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court

Case Number: BC672522    Hearing Date: November 08, 2019    Dept: 5

Elmer R. Castellanos, et al. v. Ethan John Whited

Case No. BC672522

Motion to be Relieved

The hearing on counsel's motion to be relieved is continued to November 15, 2019, at 1:30 p.m.  Should the Court grant the motion, the Court intends to vacate the final status conference and trial dates and will hold a trial setting conference to select new dates.  Any party who does not appear at the hearing shall waive their right to be heard and shall submit to any final status conference and trial dates the Court selects, as well as any decision the Court makes on the discovery and motions cut-off.