2012-00121348-CU-MM

Anna Murillo vs. Sierra Doctors Medical Group, Inc.

Nature of Proceeding: Motion for Terminating Sanctions

Filed By: Perez, Terilynn

Defendant Mercy San Juan Medical Center’s Motion for Terminating Sanctions is
unopposed and is GRANTED.

On August 28, 2013, this Court granted Defendant Mercy San Juan Medical Center’s
unopposed Motion to Compel responses to discovery.

Each of the three plaintiffs was ordered to provide separate responses, under oath, to
the special interrogatories, form interrogatories, and requests for production, without
objections, that were served on them by the moving party, on or before September 9,
2013.

Plaintiffs have failed to serve discovery responses in compliance with that Court order.
No opposition has been filed by plaintiffs to this motion for terminating sanctions.

For misuse of the discovery process, the Court may impose a terminating sanction by
an order striking out the pleadings or rendering judgment against a party engaging in
the misuse of the discovery process. Code of Civil Procedure section 2023.030(d)(1)
and (4).

Here, plaintiffs’ failure to respond to discovery and failure to comply with the Court’s
order to do so constitute abuse of the discovery process, warranting terminating
sanctions. The Court orders plaintiffs’ First Amended stricken. Code of Civil
Procedure section 2023.010(d) and (g). Moving party further requests monetary sanctions. The Court grants such sanctions in
the amount of $410.00, (representing reasonable attorneys’ fees for 2 hours at $175/hr
together with the $60 filing fee).

Defendant shall submit a formal order and judgment.

Item 4 2012-00121348-CU-MM

Anna Murillo vs. Sierra Doctors Medical Group, Inc.

Nature of Proceeding: Motion to Strike (Joinder by Philip O. Haines, M.D.)

Filed By: Perez, Terilynn

Defendant Mercy San Juan Medical Center’s Motion for Order Striking Plaintiff’s First
Amended Complaint is unopposed and is GRANTED, without prejudice . The Joinder
of Philip O. Haines is also GRANTED.

On Sept. 6, 2013, this Court sustained Defendant Mercy San Juan Medical Center and
Haines’ unopposed Demurrer to the Plaintiffs’ First Amended Complaint, with leave to
amend, on the grounds of plaintiffs’ lack of standing and for uncertainty.

Plaintiff was granted leave until September 30, 2013 to file and serve a Second
amended complaint. The Court allowed more time than usual to amend to allow the
appointment of a guardian ad litem.

Plaintiffs have failed to file a Second Amended Complaint in compliance with that
Court order. No opposition has been filed by plaintiffs to this motion to dismiss.

Pursuant to C.C.P., sec. 581(f)(1) the court may dismiss the complaint where after
demurrer is sustained with leave to amend, the plaintiffs fails to file an amended
complaint.

The prevailing party shall prepare a formal order and judgment for the Court’s
signature.