2013-00154546-CL-PA

Farmers Insurance Exchange vs. Perla Fernandez-Mendez

Nature of Proceeding: Motion to Strike the Answer of Defendant

Filed By: Leeds, David A.

Plaintiff’s motion for terminating and monetary sanctions against defendant for the latter’s failure to comply with this Court’s earlier orders compelling verified responses to interrogatories and request for production of documents is effectively UNOPPOSED and is GRANTED in part and DENIED in part.

Both counsel failed to comply with CRC Rule 3.1110(b)(3)-(4).

The court notes that defendant filed no opposition to the present motion but her counsel filed a declaration which requests additional time to contact his client before granting this motion. However, as defendant was previously ordered to comply with the discovery requests no later than 1/12/2018, the court finds that defendant has

already had enough time to comply and that her failure to do so warrants the imposition of terminating sanctions which will not under the circumstances here constitute a windfall to plaintiff. Accordingly, defendant’s answer to complaint filed on 9/6/2016 shall be and hereby is stricken.

Plaintiff may proceed with obtaining a default and a default judgment against defendant. Plaintiff should submit a default prove-up package to the Court’s Default Judgment Unit. If after reviewing the materials submitted, the Court determines that personal testimony is required, plaintiff will be notified to set the matter on calendar. (Local Rule 3.12(B).)

In light of the foregoing, the court declines to impose monetary sanctions against defendant.