2016-00203532-CU-PA

Kia Coleman vs. Shyanng M. Props

Nature of Proceeding: Motion for Terminating Sanctions

Filed By: Fitzsimmons, Debra A.

Defendants’ motion for terminating and further monetary sanctions against in pro per plaintiff Martin for failing to comply with this court’s earlier order compelling him to appear for deposition is UNOPPOSED and is GRANTED as follows.

Although the notice of motion provided notice of the court’s tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2018.

Without plaintiff’s appearance for deposition and answers under oath, defendants are effectively precluded from preparing their defense to his lawsuit and preparing for trial. Accordingly, the court finds that imposing terminating sanctions against plaintiff Martin will under the circumstances here not result in a windfall to the moving parties and the complaint is hereby dismissed as to plaintiff Martin only.

The court declines to award defendants further monetary sanctions.

Pursuant to CRC Rule 3.1312, moving defendants to submit a proposed judgment of dismissal as to the complaint of plaintiff Martin only.