2016-00194493-CU-PA

Jeanette Cobos vs. Louis Lafayette

Nature of Proceeding: Motion for Terminating Sanctions

Filed By: Harris, Mark R.

Defendant Louis Lafayette, Jr.’s unopposed motion for terminating sanctions and monetary sanctions is granted. The alternate request for evidentiary sanctions is moot.

On July 6, 2017, this Court ordered Plaintiff Jeanette Cobos to provide verified responses to Defendant’s form and special interrogatories, and request for production by July 21, 2017. Plaintiff failed to provide the required verifications. On September 21, 2017, this Court ordered Plaintiff to appear for her deposition. Plaintiff failed to appear for her Court ordered deposition and failed to communicate with Defendant’s counsel regarding the same. Defendant now seeks terminating and monetary sanctions, or in the alternative evidentiary sanctions.

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 party 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 various discovery orders constitutes a misuse of the discovery process warranting terminating sanctions. A terminating sanction is particularly appropriate here given that Plaintiff failed to oppose either the underlying discovery motions or the instant motion, which the Court sees as a concession on the merits. Plaintiff appears to have abandoned this action against Defendant. The Court orders that Plaintiff’s complaint against Defendant is dismissed.

The alternate request for evidentiary sanctions is dropped as moot.

Defendant’s’ request for monetary sanctions is granted. Defendant is awarded monetary sanctions from Plaintiff Jeanette Cobbs in the amount of $360 ($150/hr x 2 hrs + $60 filing fee). Sanctions are to be paid on or before February 23, 2018. 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.)