2016-00204445-CL-CL

Cach, LLC vs. Lily Barry

Nature of Proceeding: Motion for Order Imposing Terminating Sanction

Filed By: Haney, Rachel

Plaintiff’s Motion for Terminating and Monetary Sanctions against Self-represented Defendant Lily Barry aka Lily Nguen is unopposed and is GRANTED. Code of Civil Procedure section 2023.010, 2023.030, 2030.300 and 2031.320.

Defendant failed to respond to the written discovery served by Plaintiff. On June 15, 2017, this Court granted the plaintiff’s unopposed motion to compel responses to form interrogatories and requests for production (sets one). Compliance was ordered by Thurs., June 29, 2017.

Defendant has failed to comply with the Court Order, or to provide any opposition to this motion.

For misuse of the discovery process, the Court may impose a terminating sanction by one of the following orders: an order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process or an order dismissing the action, or any part of the action, of that party. Code of Civil Procedure section 2023.010(g), 2023.030(d) (1) and (3).

Here, defendant’s failure to respond to discovery and failure to comply with the Court’s order to do so constitutes abuse of the discovery process, warranting terminating sanctions. Code of Civil Procedure section 2023.010(d) and (g).

Defendant’s Answer is ordered stricken. Plaintiff may proceed with a request for entry of default and default judgment in the usual manner.

Moving party further request monetary sanctions. The Court grants such sanctions in the amount of $60.00, representing the Court filing fee for this motion.