Case Number: KC069270 Hearing Date: April 02, 2018 Dept: O

Creditors Adjustment Bureau, Inc. v. Tile King, Inc., et al. (KC069270)

Plaintiff Creditors Adjustment Bureau, Inc.’s MOTION FOR TERMINATING SANCTIONS

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Creditors Adjustment Bureau, Inc.’s motion for terminating sanctions is GRANTED.

Answer is stricken. Matter to proceed as a default.

If anyone engages in conduct that is a misuse of the discovery process, the court may impose monetary sanction, issue sanction, evidence sanction, terminating sanction, and contempt sanction. (CCP § 2023.030.) The sanctions the court may impose are such as are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks, but the court may not impose sanctions which are designed not to accomplish the objects of discovery but to impose punishment. (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, 487.) A prerequisite to the imposition of the dismissal sanction is that the party has willfully failed to comply with a court order. (Ibid.) Terminating sanctions should only be ordered when there has been previous noncompliance with a rule or order and it appears a less severe sanction would not be effective. (Link v. Cater (1998) 60 Cal.App.4th 1315, 1326.) A terminating sanction issued solely because of a failure to pay a monetary sanction is never justified. (Newland v. Sup.Ct. (1995) 40 Cal.App.4th 608, 615.)

On 11/15/17 and 11/22/17, this court ordered Defendant to respond to Plaintiff’s discovery requests. Defendant failed to comply with this court’s order, and failed to file an opposition to the instant motion.

Terminating sanctions are warranted because less severe sanctions will not accomplish the object of discovery, and Defendant appears to have abandoned the action.

Accordingly, motion is GRANTED. Answer is stricken. Matter to proceed as a default.