Case Number: 16K09205 Hearing Date: June 07, 2018 Dept: 94

Plaintiff State Farm Mutual Automobile Insurance Company’s Motion for Terminating Sanctions against Defendants Anna K. Hyun and Olympic Coachcraft is granted. However, the court finds that an order for additional monetary sanctions would be futile and denies Plaintiff’s request for monetary sanctions.

Legal Standard

Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidence or monetary sanctions. (CCP, §§ 2023.010(g), 2030.290(c); R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) “[A] penalty as severe as dismissal or default is not authorized where noncompliance with discovery is caused by an inability to comply rather than willfulness or bad faith.” (Brown v. Sup. Ct. (1986) 180 Cal.App.3d 701, 707.) Pursuant to CCP Section 2023.030(d):

The court may impose a terminating sanction by one of the following orders:

(1) An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process.

(2) An order staying further proceedings by that party until an order for discovery is obeyed.

(3) An order dismissing the action, or any part of the action, of that party.

(4) An order rendering a judgment by default against that party.

(CCP § 2023.030(d).)

Discussion

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) moves to strike Defendants Anna K. Hyun and Olympic Coachcraft’s Answers pursuant to CCP section 2023.030(d)(1).

Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidence or monetary sanctions. (CCP, §§ 2023.010(g), 2030.290(c); R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) “[A] penalty as severe as dismissal or default is not authorized where noncompliance with discovery is caused by an inability to comply rather than willfulness or bad faith.” (Brown v. Sup. Ct. (1986) 180 Cal.App.3d 701, 707.)

On March 12, 2018, the court ordered Defendants to serve responses to interrogatories and requests for production of documents served by Plaintiff, within 20 days. Defendants were further ordered to pay sanctions in the amount of $340.00 each, within 30 days. On April 5, 2018, Plaintiff’s counsel sent defense counsel and meet and confer letter regarding the outstanding discovery responses and sanctions. (Motions, Higst Decl., ¶3.) On April 11, 2018, Plaintiff’s counsel advised defense counsel that he would pursue a motion for terminating and monetary sanctions if the responses and sanctions were not provided. (Id. at ¶4.) As of the filing of this motion, Defendants failed to comply with any part of the court’s order. (Id. at ¶6.)

The court agrees it appears that this failure by Defendants to comply with its March 12, 2018 order amounts to willful disobedience. Although Defendants did not appear at the hearing, notice of the order was served on them by mail on March 15, 2018. Furthermore, although Defendants was properly served with the instant motion for terminating sanctions, they did not oppose it. Although terminating sanctions are a harsh penalty, the above evidence demonstrates that Defendants’ compliance with the court’s orders cannot be achieved through lesser sanctions. Therefore, the motion to strike Defendants’ Answers is be granted. However, the court finds that an order for additional monetary sanctions would be futile and denies Plaintiff’s request for monetary sanctions.

Moving party to give notice.