Case Number: BC653094 Hearing Date: June 04, 2018 Dept: 2
Defendants’ Motion for Terminating Sanctions, or in the Alternative, Motion to dismiss Plaintiff’s Action against Defendants under Cal Code Civil Procedure § 581(f)(4) against Plaintiff for Failure to Obey Court Order; Request for Sanctions, filed on 5/24/18 is GRANTED. Cal Code Civ Procedure §2023.010.
Plaintiff’s failure to comply with the court’s order of 2/27/18 constitutes discovery abuse under Cal Code Civ Procedure §2023.010 for which terminating sanctions are ordered pursuant to §2023.030(d). The complaint is dismissed.
Defendant’s request for monetary sanctions is DENIED for improper notice. The requesting party must identify in the notice, the person, party and/or attorney against whom the sanction is sought as well as the type of sanction sought. This information is not contained in the notice, and the body of the motion does not discuss imposition of sanctions. Cal Code Civ Proc § 2023.040.
Moving party is ordered to give notice.