2012-00121856-CU-PA

Hadia Parwani vs. Buu Tsan

Nature of Proceeding: Motion for Terminating Sanctions

Filed By: Harry, James T.

Defendant Buu Tsan’s Motion for Terminating Sanctions against plaintiff Hadia
Parwani is unopposed and is GRANTED. Code of Civil Procedure section 2023.010,
2023.030, 2030.300 and 2031.320.

Plaintiff failed to respond to the written discovery – Form and Special Interrogatories,
Request for Production (sets one) served by defendant. No responses were received
on or after the due date.

On Nov. 20, 2013, this Court granted Defendant Buu Tsan’s unopposed motion to
compel discovery responses.

Plaintiff Hadia Parwani was ordered to serve verified responses, without objections, to
Defendant’s form and special interrogatories (sets one) and demand for production
(set one) not later than December 12, 2013.

Plaintiff has failed to comply with the Court Order, or to provide any response to the
written discovery or to oppose this motion with any meaningful reason for
noncompliance.

Defendants now move for terminating sanctions for plaintiff’s failure to comply with his
discovery obligations or with the Court orders.

California discovery law authorizes a range of penalties for conduct amounting to
“misuse of the discovery process.” (Code Civ. Proc., § 2023.030; Cedars-Sinai Medical
Center v. Superior Court (1998) 18 Cal.4th 1, 12.) As relevant here, misuses of the
discovery process include “[f]ailing to respond or to submit to an authorized method of
discovery” (Code Civ. Proc., § 2023.010, subd. (d)); and “[d]isobeying a court order to
provide discovery” (id., § 2023.010, subd. (g)). Doppes v. Bentley Motors, Inc. (2009)
174 Cal. App. 4th 967, 991-992. The Court has broad discretion in the selection of the
appropriate sanction to be applied under the factual circumstances presented. Id.

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, plaintiff’s outright refusal 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). Plaintiff’s complaint is ordered stricken.
Monetary sanctions are denied as the motion was framed in the alternative.