2018-00230966-CU-CL

Challenge Dairy Products, Inc. vs. Ettore Ravazzolo

Nature of Proceeding: Motion for Terminating Sanctions

Filed By: Matthews, Arturo E.

Plaintiff’s motion for terminating and monetary sanctions against defendant in pro per for the latter’s failure to comply with this court’s earlier order compelling verified responses to interrogatories and requests for production of documents is UNOPPOSED and is GRANTED in part and DENIED in part.

The court notes that defendant filed no opposition to the present motion, which is construed as a concession of its merits and thus, this court concludes that the striking of defendant’s answer to complaint will not under the circumstances here constitute a windfall to plaintiff. Accordingly, defendant’s answer to complaint, filed 6/25/2018, 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 issue, evidentiary, or monetary sanctions against defendant.

Moving party to provide notice of this ruling and file proof of service of same no later than 12/28/2018.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)