2017-00218055-CL-AF

People of the State of Ca vs. $649.00 (Montano)

Nature of Proceeding: Motion to Strike

Filed By: Miller, Lauren E.

The People’s Motion to Strike the Claim opposing forfeiture, filed by Real Party in Interest, James Roland Montano, is unopposed and is granted.

Here, Mr. Montano filed a claim opposing forfeiture of $649.00 in US currency, as required by Health & Safety Code § 114488.5(a)(1) on August 28, 2017. On August 31, 2017, the People served a Request for Production of Docuemnts at the address provided by Mr. Montano. The People received no response to the Request for Production of Documents. Accordingly, on November, 2017, the People filed a Motion to Compel Production of Documents. Mr. Montano did not oppose the motion; on January 4, 2018, the Court granted the People’s Motion to Compel, directing Mr. Montano to respond to the Request for Production of Documents no later than January 20, 2018. Despite the Court’s Order, Mr. Montano has yet to provide response or any other communication regarding same.

Petitioner People now seek “a determination of all issues in their favor” as a result of Mr. Montano’s failure to comply with the Court’s Order. In fact, what the People seek is a dismissal of the Petition in its entirety. (People’s Mot. at p. 4.)

Failing to respond to discovery requests constitutes a misuse of the discovery process. (Code Civ. Proc. § 2023.010(d).) Where a party has misused the discovery process, including failing to respond to legitimate discovery requests, the trial court is authorized to impose various sanctions, including monetary sanctions, issue sanctions, evidentiary sanctions or terminating sanctions. (Code Civ. Proc. § 2023.030(a), (b), (c), (d).) As the Court noted in its Order of January 4: “repeated conduct of failing to comply with discovery obligations may lead the Court to find an abuse of the discovery process and award sanctions on that basis.”

Here, it appears that Mr. Montano has no interest in pursuing his claim in light of his failure to comply with discovery obligations and the orders of this Court. Accordingly, the Court grants the People’s request to strike his claim and terminate this action.