2015-00186335-CU-PO

Allen Bledsoe vs. County of Sacramento

Nature of Proceeding: Motion for Terminating Sanctions

Filed By: Foote, Stephanie P.

If oral argument is requested, it shall be heard at the end of the D. 53 2:00pm calendar on Monday, February 26, 2018.

Defendant County of Sacramento’s Motion for Terminating Sanctions against Plaintiffs Allen Bledsoe and Jayme Wimberly is unopposed and is GRANTED. Code of Civil Procedure section 2023.010, 2023.030, 2030.300 and 2031.320. The request for imposition of monetary sanctions is also GRANTED.

Some of Plaintiffs’ responses to the written discovery (Special Interrogatories and Requests for Production of Documents) served by defendant on June 21, 2017 were found to be inadequate. After meet and confer, a motion to compel further responses was filed on Oct. 16, 2017.

On Nov. 30, 2017, this Court granted the Defendant’s unopposed motion to compel verified, written responses to the discovery (sets one). Compliance was ordered by Dec. 11, 2017.

Plaintiff has failed to comply with the Court Order, or to provide any response to the written discovery. On Jan. 8, 2018, the County sent correspondent to plaintiffs’ counsel regarding this failure to comply with the Court Order, requesting further responses by Jan. 18, 2018. Plaintiffs’ counsel indicated that he was preparing further responses. As of the date of the motion, no further responses were received.

Defendant County now moves for terminating sanctions for plaintiffs’ failure to comply with their discovery obligations or with the Court order.

For misuse of the discovery process, the Court may impose a terminating sanction by one of the following orders: an order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process or an order dismissing the action, or any part of the action, of that party. Code of Civil Procedure section 2023.010(g), 2023.030(d) (1) and (3).

Here, plaintiffs’ failure to further respond to discovery and failure to comply with the

Court’s orders to do so constitutes abuse of the discovery process, warranting terminating sanctions. Code of Civil Procedure section 2023.010(d) and (g). Plaintiffs’ complaint is ordered stricken as to defendant County.

Prevailing parties shall submit a formal order and judgment of dismissal for the Court’s signature.