17-CIV-05802 JORGE CAMACHO VS. KATHERINE DOLORES YACKEL, ET AL.

JORGE CAMACHO KATHERINE DOLORES YACKEL
MARK L. VENARDI PRO/PER

MOTION TO (1) STRIKE DEFENDANTS’ ANSWER FOR FAILURE TO APPEAR FOR DEPOSITION IN VIOLATION OF THIS COURT’S ORDER, (2) ENTER A DEFAULT AGAINST DEFENDANTS AND (3) AWARD SANCTIONS AGAINST DEFENDANTS TENTATIVE RULING:

Plaintiff’s unopposed Motion to Strike Defendants’ Answer and Enter a Default Against Defendants is GRANTED pursuant to Code of Civ. Proc. §2023.030(d)(1). Defendants have repeatedly failed to appear for duly noticed depositions, and after proper notice have failed to comply with this Court’s order compelling attendance at depositions. It therefore appears that no lesser sanction will motivate Defendants to comply with their discovery obligations.

Plaintiff’s request for monetary sanctions is DENIED.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.