Case Number: BC695171 Hearing Date: December 11, 2019 Dept: 2

Amaya, et al. v. Lejis, et al.

Defendants’ Three Motions for Order Dismissing the Action of Plaintiffs Rosalba Castillo, Mayra Amaya, and Genesis Amaya, for Failure to Comply with Court Orders; Request for Sanctions are DENIED in part and GRANTED in part. The motion to dismiss is DENIED without prejudice. If Plaintiffs fail to comply with the Court’s previous order compelling responses within the next 20 days, Defendants may renew their motions to dismiss. To the extent the motion seeks monetary sanctions against Plaintiffs and their counsel of record Gerard L. Friend, the motion is GRANTED in the amounts set forth below.

On 9/18/19, the court granted Defendants’ Nine Motions to Compel Plaintiffs’ Responses to form Interrogatories, Special Interrogatories, and Demand for Inspection and Production of Documents and imposing sanctions. The court ordered Plaintiffs to respond within 10 days. Motion, Ex. A.

Defendants served notice of the court’s ruling on 9/19/19. Id. Plaintiffs have not complied with the court’s order. Declaration of Judith S. Lindner ¶ 4. They have not opposed this motion.

Defendant now seeks terminating sanctions. The Court is extremely troubled by Plaintiffs’ failure to comply with the Court’s order, which is discovery abuse and for which sanctions are warranted. See Cal. Code Civ. Proc. § 2023.030(a), (d). However, “terminating sanctions are to be used sparingly because of the drastic effect of their application.” Department of Forestry & Fire Protection v. Howell (2017) 18 Cal. App. 5th 154, 191-92. Sanctions are generally imposed in an incremental approach, with terminating sanctions being the last resort.

Applying the incremental approach, the Court concludes that further monetary sanctions are warranted at this juncture. The Court imposes additional monetary sanctions in the amount of $220 for each plaintiff, for a total sanctions award of $660. The sanctions are also imposed jointly and severally on Plaintiff’s counsel of record Gerard L. Friend. The sanctions are to be paid within 30 days. Issue and evidentiary sanctions have not been sought, so the Court does not impose such sanctions.

Plaintiffs are admonished that they must comply with the Court’s previous orders to provide written, verified responses to avoid further sanctions, up to and including terminating sanctions resulting in the dismissal of Plaintiffs’ case. If Plaintiffs fail to comply within the next 20 days, Defendant may renew the motion for terminating sanctions.

Moving party is ordered to give notice.