Case Number: 17K07910 Hearing Date: August 22, 2018 Dept: 94

Defendant Golden Motel’s Motion for Monetary and Terminating Sanctions is GRANTED IN PART. This action is hereby dismissed with prejudice under CCP § 2023.030(d).

Defendant’s request for monetary, issue, and evidentiary sanctions is DENIED.

I. Background

On June 22, 2017, Plaintiffs Armine Kalandjian and Alec Kalandjian (collectively, “Plaintiffs”) filed this action against Defendants Gevork Danielian and Angela Abrahamian (collectively, “Defendants”). On March 1, 2018, the Court granted Defendants’ motion to compel and ordered Plaintiffs to respond to Defendants’ form and special interrogatories and requests for production of documents and to pay sanctions (3/1/18 Minute Order); a notice of the order was served on Plaintiffs on March 14, 2018. To date, Plaintiffs have not complied with any part of the March 1 Order. (Rivera Decl. ¶¶ 4-5.)

On April 27, 2018, Defendants filed a Motion for Terminating, Evidentiary, Issue, and Monetary Sanctions (the “Motion”).

II. Legal Standard

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

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

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

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).)

The Court may impose terminating sanctions against anyone engaging in conduct that is a misuse of the discovery process. (Id.) Misuse of the discovery process includes failure to respond to an authorized method of discovery or disobeying a court order to provide discovery. (Id. §§ 2023.010(d), (g).) The court should look to the totality of the circumstances in determining whether terminating sanctions are appropriate. (See Lang v. Hochman (2000) 77 Cal.App.4th 1225, 1229.) There are, however, circumstances where imposition of terminating sanctions is appropriate without first imposing issue and/or evidentiary sanctions. (See Laguna Auto Body v. Farmers Ins. Exch. (1991) 231 Cal.App.3d 481, 490-91.) 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. (See Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.)

III. Discussion

Defendants seek terminating, evidentiary, issue, and monetary sanctions against Plaintiffs. (Motion p. 3.)

Despite having been served with the March 1 Order to respond to Defendants’ form and special interrogatories and request for production of documents and to pay monetary sanctions, Plaintiffs have not done so. Plaintiffs’ abuse of the discovery process by failing to serve any discovery responses to Defendants’ propounded discovery requests caused Defendants to bring the motion to compel in the first place. Plaintiffs also fail to oppose the instant Motion to argue why further sanctions should not be granted. Plaintiffs’ series of inaction demonstrates a pattern of abuse of the discovery process and willful disobedience of Court’s Order. It appears that Plaintiffs are no longer interested or willing to prosecute their claims.

In view of the totality of the circumstances, the Court is persuaded that less severe sanctions would not bring Plaintiffs into compliance with their discovery obligations and Court’s orders. “The court [is] not required to allow this pattern of abuse to continue ad infinitum.” (Mileikowsky v. Tenet Healthsystem (2005) 128 Cal.App.4th 262, 280.)

IV. Conclusion

The Court, therefore, finds that terminating sanctions are appropriate here. Accordingly, the unopposed Motion is GRANTED IN PART. This action is hereby dismissed with prejudice under CCP § 2023.030(d).

Defendants’ request for monetary, evidentiary, and issue sanctions is DENIED as terminating sanctions have been granted and the other sanctions are futile.

Moving party to give notice.