2012-00124058-CU-MM

Mala Ashok vs. UC Davis Medical Group

Nature of Proceeding:    Motion for Terminating Sanctions

Filed By:   Minder, Thomas G.

Defendant Regents of the University of California’s (“Regents”) motion for terminating
sanctions is GRANTED in part and DENIED in part; the action against Regents is
STAYED:

This is a medical malpractice case.  In February 2014, Regents served Plaintiff Mala
Ashok (“Ashok”) with form interrogatories and special interrogatories.  After Askoh
failed to respond, the court granted Regents’ motion to compel responses.  Ashok did
not comply with the court’s order, and this motion follows.  Regents asks the court to
impose a terminating sanction dismissing the action against it and its defending
employees.

In its discretion, the court imposes a terminating sanction in the form of a stay.  (CCP §
2023.020(d)(2).)  Ashok is barred from advancing the action against Regents until
Ashok has complied with the court’s order of 05/08/14.  (See Request for Judicial
Notice, Exh. B.)

If Ashok has not complied with the 05/08/14 order by August 11, 2014, then Regents
may file a declaration explaining as much, in which case the court is likely to dismiss
the action against Regents.  If Ashok has complied with the 05/08/14 order by August
11, 2014, then upon such compliance, counsel and parties in pro per shall meet and
confer and file a joint request for the stay to be lifted.  If there is a dispute whether
Ashok has complied with the 05/08/14 order by August 11, 2014, then counsel and               parties in pro per shall meet and confer and, if they are unable to resolve the dispute
informally, shall file a joint statement in which each side sets forth its position about the
compliance vel non.  Any responses to Regents’ form interrogatories and/or special
interrogatories that Ashok has served shall be attached to such a joint statement.

With respect to Regents’ current request for a terminating sanction in favor of its
defending employees, the court denies the request.  Only Regents–not its employees-
-served the underlying discovery and obtained the 05/08/14 order compelling Ashok’s
compliance.  Accordingly, there is no basis upon which to enter a dismissal, a stay, or
any other terminating sanction in favor of Regents’ defending employees.

Pursuant to CCP §§ 2023.010(g), 2023.030(a) and 2030.290(c), the court imposes a
monetary sanction against Ashok in the amount of $340 (2 hrs @ reasonable rate of
$170/hr).  Ashok shall pay the sanction to Regents no later than July 25, 2014.  If
Ashok fails to pay the sanction by such date, then Regents may lodge for the court’s
signature a formal order awarding sanctions, which may be enforced as a separate
th
judgment.  (See  Newland v. Superior Court (1995) 40 Cal.App.4    608, 615.)

Regents’ Request for Judicial Notice is GRANTED.

Regents’ counsel are advised in the future to use exhibit tabs that extend below the
first page of each exhibit pursuant to CRC 3.1110(f).

Regent shall serve Ashok with a copy of this ruling forthwith.  No formal order pursuant
to CRC 3.1312 is required.