Case Number: BC659046 Hearing Date: June 06, 2018 Dept: 73

6/6/18
Dept. 73
Rafael Ongkeko, Judge presiding

SANDRA BATISTA v. HOME COOKING, INC, dba PAMPAS GRILL (BC659046)

Counsel for plaintiff: None (self-represented)
Counsel for defendant/moving party: Armen Zenjiryan; Paul Cohen (Jackson, etc.)

Defendants’ motion for terminating sanctions (filed 5/3/18)

TENTATIVE RULING

Defendants’ unopposed motion for terminating sanctions is GRANTED. The action is dismissed with prejudice. Moving parties have lodged a proposed order which the court intends to sign and file. All future dates are vacated; no further calendar dates.

Discussion
On February 15, 2018, the court ordered Plaintiff to appear for her deposition within 30 days of the order based on the availability of Plaintiff. The court also imposed $2,072 in sanctions.

Plaintiff failed to appear for her deposition or pay sanctions. Defendant Pampas Grill, Inc. also moves for terminating sanctions in that Pampas Grill, Inc. shares the same interests as Home Cooking, Inc. The parties seek to discover the same information.

Plaintiff’s failure to comply with the court’s discovery order appears willful. The failure to appear for the deposition unfairly prejudices defendants’ ability to respond to the action, and therefore constitutes a basis for terminating sanctions. (Parker v. Wolters Kluwer U.S., Inc. (2007) 149 Cal.App.4th 285, 297.)

Although Pampas Grill, Inc. was not a party to the motion to compel, the interests remain identical. Terminating sanctions are therefore appropriate, rather than requiring an entirely separate series of motions for discovery and terminating sanctions. (Calvert Fire Ins. Co. v. Cropper (1983) 141 Cal.App.3d 901, 905.)

Defendants’ motion for terminating sanctions is GRANTED.

Notice of ruling by Defendants.