Case Number: 19STCV00493 Hearing Date: October 17, 2019 Dept: 2

Bermudez, et al. v. Ochoa, et al.

Motion by Defendant, Alondra Serrano, for Terminating Sanctions Against Plaintiffs, Isabel Bermudez and Jesse Walberto Bermudez, filed on 9/11/19, is GRANTED.

On 7/19/19, the court granted Defendant, Alondra Serrano’s, Motion to Compel both Plaintiffs to provide verified responses to Form Interrogatories and Request for Production of Documents and request for sanctions. Motion, Ex. A.

On 7/25/19, Defendant served notice of the court’s ruling on Plaintiffs’ counsel. Id. Plaintiffs were ordered to respond within 10 days and pay sanctions within 30 days of the court’s order. Id.

To date, Defendant has not received any response to the court’s order. Declaration of DawnMarie Favata, ¶ 3. Plaintiffs have not responded to this motion and have not provided any excuse for their failure to comply with the Court’s order.

Terminating sanctions are appropriate where there is outright refusal to comply with discovery obligations. Deyo v. Kilbourne, (1978) 84 Cal. App. 3d 771, 793. The failure to comply with a court’s order is discovery abuse for which terminating and monetary sanctions are warranted. Cal Code Civil Procedure § 2023.010(g). The court imposes sanctions of $205.40 against Plaintiffs, Isabel Bermudez and Jesse Walberto, and their counsel of record, Camm Sublette of Law Offices of Larry H. Parker, Inc.

Moving party is ordered to give notice.