2012-00136661-CU-PO

Willie Charles Wilkerson vs. Rim Corporation

Nature of Proceeding: Motion for Terminating Sanctions

Filed By: Mackay, Douglas G.

Defendant RIM Corporation’s Motion for Terminating Sanctions against Self-
represented plaintiff Willie Charles Wilkerson III is unopposed and is GRANTED.
Code of Civil Procedure section 2023.010, 2023.030, 2030.300 and 2031.320.

Plaintiff failed to respond to the written discovery (Form Interrogatories, Request for
Production) served by defendant. No responses were received on or after the due
date. Plaintiff also failed to appear for his properly noticed deposition.

On July 31, 2013, this Court granted the Defendants’ unopposed motion to compel
verified, written responses to the discovery (sets one), and ordered the plaintiff to
appear for his properly noticed deposition. Compliance was ordered by August 16,
2013 and monetary sanctions in the amount of $275 to be paid.
Counsel for the plaintiff withdrew from representation of plaintiff pursuant to Court
order effective upon filing of proof of service of that order on July 30, 2013.

Self-represented Plaintiff has failed to comply with the Court Orders, or to provide any
response to the written discovery or appear for his deposition or to pay sanctions.

Defendant now moves for terminating sanctions for plaintiff’s failure to comply with his
discovery obligations or with the Court orders.

For misuse of the discovery process, the Court may impose a terminating sanction by
one of the following orders: an order striking out the pleadings or parts of the pleadings
of any party engaging in the misuse of the discovery process or an order dismissing
the action, or any part of the action, of that party. Code of Civil Procedure section
2023.010(g), 2023.030(d)(1) and (3).

Here, plaintiff’s failure to respond to discovery and failure to comply with the Court’s
orders to do so constitutes abuse of the discovery process, warranting terminating
sanctions. Code of Civil Procedure section 2023.010(d) and (g). Plaintiff’s complaint is
ordered stricken.

Prevailing party defendant shall submit a formal order and judgment of dismissal for
the Court’s signature.