2017-00207003-CU-PO

Victoria Crouch vs. BP America, Inc.

Nature of Proceeding: Motion for Terminating Sanctions

Filed By: Wooden, Kevin N.

Defendant H.H. Gas/Food Enterprises, Inc.’s unopposed motion for terminating sanctions is granted.

On August 29, 2018, this Court granted Defendant’s unopposed motion to compel now self-represented Plaintiff Victoria Crouch to appear for her deposition and awarded Defendant $775 in monetary sanctions. Plaintiff failed to appear for her deposition as required by the Court order. Defendant then moved for terminating sanctions. On November 16, 2018, the Court denied Defendant’s unopposed request for terminating sanctions but imposed monetary sanctions in the amount of $775 and again ordered Plaintiff to appear for her deposition by December 21, 2018. The Court also warned Plaintiff that her failure to comply with the Court’s orders could lead to terminating sanctions. Plaintiff again failed to appear for her Court ordered deposition. Plaintiff has not responded to any of Defendant’s correspondence for the last eight months.

For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a terminating sanction by one of the following: 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. See, e.g. Code of Civil Procedure sections
2023.010(d) and (g), 2023.030(d)(1) and (3). The Court has broad discretion in selecting the appropriate sanctions under the factual circumstances before it. ( Cedars-Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1, 12.)

In the instant case, Plaintiff’s failure to comply with the Court’s numerous orders to appear for her deposition constitutes a misuse of the discovery process warranting terminating sanctions. A terminating sanction is particularly appropriate here given that Plaintiff failed numerous times to appear for her Court ordered deposition, failed to oppose the underlying discovery motion, or either of the terminating sanctions motions, which the Court sees as a concession on the merits. Further the Court has twice imposed the lesser monetary sanctions and warned Plaintiff that additional failures to comply could warrant terminating sanctions. In addition, Plaintiff has not responded to Defendant’s correspondence. Plaintiff appears to have abandoned this action against Defendant. The Court orders that Plaintiff’s complaint against Defendant is dismissed.

In addition, Defendant’s request for monetary sanctions is granted. Defendant is

awarded monetary sanctions from Plaintiff Victoria Crouch in the amount of $465
($155/hr x 3 hrs). Sanctions are to be paid on or before March 28, 2019. If sanctions
are not paid by that date, Defendant may prepare a formal order granting sanctions for
the Court’s signature, and the order may be enforced as a separate judgment. (
Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.)

Defendant shall prepare a formal order for the Court’s signature pursuant to C.R.C. 3.1312. The proposed order includes a greater amount of monetary sanctions than ordered by the Court.