2012-00134535-CL-CL

Baker Recovery Services vs. Walter Aguilar

Nature of Proceeding:    Motion for Terminating Sanctions

Filed By:   Trejo, Juana

Plaintiff’s motion for a terminating sanction in the form of an order striking Defendant’s  answer is UNOPPOSED and GRANTED.

The court granted Plaintiff’s earlier motion to compel Defendant to respond to
discovery.  Defendant has willfully disobeyed the order.  In addition, Defendant does
not oppose the instant motion and did not oppose the underlying motion to compel.
Plaintiff previously moved for a terminating sanction, Defendant did not oppose, but
the court denied the motion without prejudice.  Given this record, a terminating
sanction is now warranted.

Defendant’s answer is STRICKEN.

In addition, the court imposes a monetary sanction in the amount of $310 (1 hr @
reasonable rate of $250/hr + $60 filing fee.)  Defendant shall pay the sanction no later
than August 4, 2014.  If Defendant fails to pay the sanction by such date, then Plaintiff
may lodge for the court’s signature a formal order awarding sanctions, which may be
enforced as a separate judgment.  (See Newland v. Superior Court (1995) 40
th
Cal.App.4    608, 615.)

The minute order is effective immediately.  No formal order pursuant to CRC 3.1312 or
further notice is required.