Case Number: 18STCV08369 Hearing Date: November 13, 2019 Dept: 61

Plaintiff Golden Care Living, Inc.’s Motion for Terminating Sanctions Against Defendants Bookkeeping.Com and BLI Payroll Solutions, Inc. is DENIED. Monetary sanctions are awarded against BLI Payroll Solutions, Inc., Bookkeeping.com, and their counsel in the amount of $1,560. Defendants shall comply with the prior court order within 10 days.

The court may impose terminating sanctions, include an order striking pleadings, and order dismissing an action, or an order rendering judgment by default against a party, for conduct that is a misuse of the discovery process. (Code Civ. Proc., § 2023.030.) This conduct include “[f]ailing to respond or to submit to an authorized method of discovery,” and “[d]isobeying a court order to provide discovery.” (Code Civ. Proc., § 2023.010.)

Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) Dismissal is a drastic measure, and terminating sanctions should only be ordered when there has been previous noncompliance with a rule or order and it appears a less severe sanction would not be effective. (Link v. Cater (1998) 60 Cal.App.4th 1315, 1326.) “[A] penalty as severe as dismissal or default is not authorized where noncompliance with discovery is caused by an inability to comply rather than willfulness or bad faith.” (Brown v. Sup. Ct. (1986) 180 Cal.App.3d 701, 707.)

Golden moves for terminating sanctions against BLI and Bookkeeping on the grounds that, following this court’s order of August 28, 2019, granting Golden’s motions to compel compliance, BLI and Bookkeeping have not roduced the promised documents. (Madnick Decl. ¶ 7.)

Defendants in opposition do not claim to have produced the documents, but argue that they have violated this one order only, and have also admitted in other discovery responses to breaching the contract at issue. (Opposition at p. 2.)

Sanctions are appropriate here. Defendants offer no excuse for their failure to produce documents in conformity with their statements of compliance, and for which this court has already entered an order. While Defendants are correct that ultimate sanctions are generally reserved for patterns of obstructive conduct, lesser sanctions, particularly monetary sanctions, are manifestly suitable for the present matter.

Golden asks for $3,060.00 in sanctions, representing eight hours of attorney work at $375 per hour, plus a $60 filing fee. (Madnick Decl. ¶ 8.) The court awards $1,560 in sanctions against BLI and Bookkeeping and their counsel of record.