Case Number: 19STCV05877 Hearing Date: January 22, 2020 Dept: 32

Superior Court of California
County of Los Angeles
Department 32

genio cheun,

Plaintiff,

v.

Uber,

Defendant.

Case No.: 19STCV05877

Hearing Date: January 22, 2020

[TENTATIVE] order RE:

motion for terminating sanctions

Defendant Uber Technologies (“Defendant”) moves to dismiss the complaint of Plaintiff Genio Cheun (“Plaintiff”) as a terminating sanction. The court has discretion to impose terminating sanction when a party willfully disobeys a discovery order. (Code Civ. Proc., §§ 2023.010, subd. (g), 2030.290, subd. (c).) The court may impose a terminating sanction by striking a party’s pleading. (Code Civ. Proc., § 2023.030, subd. (d)(1).) In its order of November 8, 2019, the Court ordered Plaintiff to serve verified responses to form interrogatories, special interrogatories and requests for production of documents that Defendant served on Plaintiff within 30 days of notice of the order. Defendant served Plaintiff with notice of the ruling by mail on November 12, 2019. Defendant thus had until December 17, 2019 to serve responses in compliance with this Court’s order. As of the filing date of this motion, Plaintiff has not served responses to the discovery. Plaintiff has thus disobeyed this Court’s order of November 8, 2019. Further, Plaintiff has not opposed the motion, and has waived the right to argue that terminating sanctions are unwarranted. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) The court has considered the option of imposing a lesser sanction but finds that no sanction will compel compliance with this court’s orders. The Court therefore grants the motion. However, the Court concludes that monetary sanctions would be futile, and, in any event, terminating sanctions are sufficient. Therefore, the Court declines to award monetary sanctions.

CONCLUSION AND ORDER

Defendant’s motion for terminating sanctions is granted. Plaintiff’s complaint against Defendant is dismissed with prejudice. Defendant shall provide notice and file proof of such with the Court.

DATED: January 22, 2020 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court