Case Number: BC506146    Hearing Date: August 11, 2014    Dept: 97

Superior Court of California
County of Los Angeles
Department 97

JANETH FERNANDEZ,
Plaintiff,
v.

JOEL ZAVALA, et al.,
Defendants.
Case No.: BC 506146

Hearing Date: August 11, 2014

[TENTATIVE] ORDER RE:
SERGEO CRUZ’S MOTION FOR TERMINATING SANCTION

Defendant Sergio Cruz served Plaintiff with Form and Special Interrogatories, and Demands for Production, on November 1, 2013. Plaintiff served unverified responses on December 19, 2013. When Defendant’s attempts to obtain verification of the responses failed, motions to compel were filed.
Defendant’s unopposed motions to compel were heard and granted on April 14, 2014. Thereafter, Defendant served notice of the order on Plaintiff. According to the declaration of attorney Oliver Vasquez, Plaintiff has not complied with this order.
In opposition to this motion, Plaintiff’s counsel provides a declaration stating that he has made a reasonable and good faith effort to obtain Plaintiff’s cooperation in responding to discovery but that she refuses to sign verifications. CCP §2023.010(d) provides that failing to respond or to submit to an authorized method of discovery constitutes misuse of the discovery process. CCP §2023.010(e) provides that disobeying a court order to provide discovery constitutes misuse of the discovery process.
Based on Plaintiff’s refusal to comply with the Court’s April 14, 2014 Order, terminating sanctions are warranted. This action is therefore dismissed pursuant to CCP §2023.030(d)(3). Defendant’s request for additional monetary sanctions is denied.
Defendant is ordered to provide notice of this order.