2013-00143620-CU-MM

Leo Zimmerman vs. CDCR

Nature of Proceeding:    Motion for Terminating Sanctions

Filed By:  Watts, Bianca S.

Defendant Regents of the University of California’s (“Regents”) motion for terminating
sanctions is UNOPPOSED and GRANTED.

This is a medical malpractice case.  Plaintiff Leo Zimmerman (“Zimmerman”) alleges
that physicians employed by Regents negligently performed medical procedures on
him.  In July 2013, Regents served Zimmerman with its first sets of form
interrogatories, special interrogatories and document requests.  The discovery calls for
identification of alleged injuries, the type and extent of economic damages,
Zimmerman’s relevant medical history, all facts supporting Zimmerman’s claim of
negligence, and documents supporting his claims.

Zimmerman did not timely respond to the discovery, and on January 21, 2014, this
court granted Regents’ motion to compel Zimmerman’s written responses.
Zimmerman did not oppose the motion to compel.

Zimmerman did not comply with the court’s 01/21/14 discovery order.  Regents
subsequently moved for terminating sanctions, but the court denied the motion without
prejudice because, having failed to submit the discovery for the court’s review,
Regents had not demonstrated that a lesser sanction was insufficient.  Again,
Zimmerman did to oppose the motion.

Regents has now renewed its motion for terminating sanctions and has submitted the
discovery at issue.  Zimmerman does not oppose.

The court grants the motion and dismisses the action.  First, Zimmerman has not
opposed this or the antecedent discovery proceedings and thus has abandoned the
action against Regents.  Second, given the broad scope of the discovery, an order for
evidence or issue sanctions would effectively bar Zimmerman from proving his case in
chief.  Thus, an outright dismissal will not result in a windfall.

The minute order is effectively immediately.

Pursuant to CRC 3.1312, Regents is directed to lodge a judgment of dismissal for the
court’s signature.

Regents’ counsel is advise in the future to use exhibit tabs that extend below the
bottom of the first page of each exhibit.  (CRC 3.1110(f).)