CIV537992 FEDERAL INSURANCE COMPANY VS. ISSAC A. MOLINA-LOPEZ, ET AL.

ISSAC AVELINO MOLINA-LOPEZ BARON J. DREXEL FEDERAL INSURANCE COMPANY DAVID J. BILLINGS

MOTION FOR ORDER TERMINATING SANCTIONS

 GRANTED. Plaintiff (Plt) Federal Insurance Co.’s unopposed Motion for Terminating Sanctions is Granted pursuant to CCP §§2030.090(c) and 2031.300(c). The evidence indicates that Defendant (Def) Jose Lopez, Jr. failed to respond to discovery, failed to oppose a motion to compel his response, and then failed to comply with a Court Order compelling him to respond to written discovery. The request for monetary sanctions is Denied.

 Plt, Federal Insurance Co., filed this subrogation action to recover amounts paid to its insureds, Republic Services, Inc. and Browning Ferris Industries, under a policy covering losses for employee theft or dishonesty. The complaint alleges that defs were part of a scheme to misrepresent the weight and type of waste being brought to a landfill operated by plt’s insureds. In this motion, plt seeks terminating sanctions against def Jose Lopez, Jr.

 On November 29, 2017, plt obtained an order compelling def to respond to form interrogatories, special interrogatories and requests for production of documents on or before December 15, 2017. To date, no responses have been received. As a result, terminating sanctions are authorized by CCP §§2023.010 and 2023.030.

 In this case, plt served def with written discovery and he failed to respond. Plt then moved to compel def’s response and he failed to oppose the motion. The court issued an order compelling him to respond by December 15, 2017. See Declaration of David Billings at Ex. A. The minute order indicates that no formal order was required as the tentative provided sufficient notice. To date, he has not complied with the court’s order. Billings Declaration, ¶7. Nor has def filed any opposition to this motion. As a result, it appears that def is not actively pursuing a defense of this action and that lesser sanctions would not result in plt obtaining the discovery at issue.

 Accordingly, this Court is of the opinion, and I so find, that def Jose Lopez, Jr. has engaged in a series of continuing willful discovery violations making termination of his defense appropriate. See, e.g. Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, 490-491. Therefore, the Court hereby strikes out said def’s Answer to the Complaint and gives Plt leave to apply for entry of a default judgment against Jose Lopez, Jr.