Case Number: BC672821 Hearing Date: January 08, 2019 Dept: 3

URJI KULU,

Plaintiff(s),

vs.

CITY OF LOS ANGELES, ET AL.,

Defendant(s).

CASE NO: BC672821

[TENTATIVE] ORDER GRANTING MOTION FOR TERMINATING SANCTIONS; DEEMING ALL OTHER MOTIONS MOOT

Dept. 3

1:30 p.m.

January 8, 2019

The City moves for terminating sanctions based on Plaintiff’s failure to comply with three orders: a 2/20/18 order to pay $950 in monetary sanctions, a 9/12/18 order to respond to discovery and pay $760 in monetary sanctions; and a 10/23/18 order to pay $570 in monetary sanctions.

Any opposition to the motion was due on or before 12/24/18. The Court has not received opposition to the motion.

Notably, the Court is not ruling on this motion based on the failure to pay the previously imposed sanctions; failure to pay sanctions, standing alone, cannot give rise to additional punitive relief. See Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615, holding, “a terminating sanction issued solely because of a failure to pay a monetary discovery sanction is never justified.” Pursuant to Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 776, the Court should typically impose lesser sanctions prior to awarding terminating sanctions. However, there are circumstances where imposition of terminating sanctions is appropriate without first imposing issue and/or evidentiary sanctions. See Laguna Auto Body v. Farmers Ins. Exch. (1991) 231 Cal.App.3d 481, 490-91.

Terminating sanctions are imposed at this time for three reasons. First, the Court has previously and repeatedly imposed monetary sanctions. Second, a brief review of the prior motion reveals that the discovery at issue goes to the “heart” of Plaintiff’s case, and therefore an issue or evidentiary sanction would be tantamount to a terminating sanction. Third, Plaintiff has not opposed this motion and appears to have abandoned the case.

Because the motion for terminating sanctions is granted, the Court finds the remaining motions on calendar today moot and declines to rule on them. Defendant is ordered to give notice.