Case Number: BC570555 Hearing Date: May 30, 2018 Dept: 3

GLADYS ESPERANZA CRUZ, ET AL.,

Plaintiff(s),

vs.

ROSE ANGEL CANDIA, ET AL.,

Defendant(s).

)

Case No.: BC570555

[TENTATIVE] ORDER GRANTING DEFENDANTS’ UNOPPOSED MOTION FOR TERMINATING SANCTIONS

Dept. 3

1:30 p.m.

May 30, 2018

On 4/05/18, the Court heard and granted nine motions to compel. The Court granted Defendant, Antonio Saucedo Espinoza’s motion to compel Plaintiff, Gladys Esperanza Cruz to respond to form interrogatories and motions to compel Plaintiff, David Cruz to respond to form interrogatories and RPDs. The Court also granted Defendant, Rose Angel Candia’s motions to compel Plaintiffs, Gladys Esperanza Cruz and David Cruz to respond to form interrogatories, special interrogatories, and RPDs. The Court also imposed monetary sanctions.

To date, Plaintiffs have not complied with the Court’s 4/05/18 order; at this time, Defendant, Rose Angel Candia seeks an order imposing terminating sanctions. Candia filed two motions, one directed at each of the two plaintiffs.

Pursuant to Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 776, the Court should typically impose lesser sanctions prior to awarding terminating sanctions. However, there are circumstances where imposition of terminating sanctions is appropriate without first imposing issue and/or evidentiary sanctions. See Laguna Auto Body v. Farmers Ins. Exch. (1991) 231 Cal.App.3d 481, 490-91.

Terminating sanctions are imposed at this time for three reasons. First, the Court previously imposed monetary sanctions. Second, a brief review of the prior motions reveals that the discovery at issue goes to the “heart” of Plaintiffs’ case, and therefore an issue or evidentiary sanction would be tantamount to a terminating sanction. Third, Plaintiffs have not opposed these motions and appear to have abandoned the case.

Defendant also seeks monetary sanctions in connection with this motion. The request is denied. The Court finds imposition of terminating sanctions sufficient to meet the ends of justice at this time, and does not find imposition of additional monetary sanctions necessary.

Plaintiffs’ case against Moving Defendant, Rose Angel Candia is dismissed. Defendant is ordered to give notice.