2012-00120112-CU-PN

Eva Marie Hidalgo vs. Wilfredo R Ramos

Nature of Proceeding: Motion for Terminating Sanctions

Filed By: Baleria, Paul R.

Defendants Wilfredo Ramos, M.D.’s unopposed motion for terminating sanctions, or in
the alternative, monetary sanctions is ruled upon as follows.

On September 26, 2013, this Court granted Defendant’s motion to compel Plaintiff Eva
Marie Hidalgo to provide verified responses to Defendant’s form and special
interrogatories, requests for production and request for statement of damages.
Plaintiff has yet to comply with that order.

Plaintiff’s failure to respond to discovery and failure to comply with the Court’s order
constitutes misuse of the discovery process. (CCP §2023.010(d),(g).) In ordering
sanctions, the Court has broad discretion in the selection of the appropriate sanction to
be applied under the factual circumstances. (Doppes v. Bentley Motors, Inc. 174
Cal.App.4th 967, 991-992.) Indeed a discovery sanction cannot place the propounding
party in a better position than they would have been in if they had received the
requested discovery. (Puritan Insurance Co. v. Superior Court (1985) 171 Cal.App.3d
877, 884.) Here, Defendant fails to discuss the nature of the discovery to which
Plaintiff failed to respond. The Court, therefore, is unable to determine that a
terminating sanction would not result in Defendant obtaining greater relief from this
motion than it would have obtained had Plaintiff responded to the discovery. Thus, a
terminating sanction could result in an improper windfall to Defendant at this stage in
the proceedings. Therefore, the motion for terminating sanctions is denied.

However, Defendant’s alternate request for monetary sanctions is granted. (CCP §
2023.030(a).) Defendant is awarded monetary sanctions in the amount of $235
($175/hr x 1 hrs plus $60 filing fee). Plaintiff Eva Marie Hidalgo shall pay the monetary
sanction on or before December 21, 2013. If the sanction is not paid by that date,
Defendant may prepare for the court’s signature a formal order granting the sanction,
which may be enforced as a separate judgment. (Newland v. Superior Court (1995)
40 Cal.App.4th 608, 615.)

This minute order is effective immediately. No formal order pursuant to CRC rule
3.1312 or other notice is required.