What is a Motion for Terminating Sanctions?

Useful Rulings on Motion for Terminating Sanctions

Recent Rulings on Motion for Terminating Sanctions

MANUEL ALEJANDRE VS CAL-VILLA ESTATES HOMEOWNERS ASSOCIATION

Terminating sanctions are appropriate only if a party’s failure to obey a court order actually prejudiced the opposing party. On the record here, the weight of the factors favors a denial of terminating sanctions. Lesser sanctions are appropriate here. Defendant’s motion for terminating sanctions is denied. The court finds that there was no substantial justification for failing to provide timely responses and that no other circumstances make the imposition of sanctions unjust.

  • Hearing

    Oct 28, 2020

CONSUMER ADVOCACY GROUP INC VS VALU MART CO

Defendant does not cite legal authority that such a violation is grounds for terminating sanctions. In its reply, Defendant argues that terminating sanctions will prevent Defendant from having to spend hundreds of thousands of dollars to prove that a warning is not required on the spice products. Defendant states the products are safe and Defendant has an ongoing obligation to comply with Proposition 65. Saving a defendant from spending litigation costs is not a basis for terminating sanctions.

  • Hearing

    Oct 01, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

DAVID AZIZI VS. BEHNAM RAFALIAN, ET AL.

Azizi then filed a motion for terminating sanctions, to be heard on July 9, 2020. Rafalian served responses three days before the hearing and the motion was denied. Azizi filed the instant motions on July 21, 2020 and moved ex parte for the hearing on the motions to be advanced; the ex parte was denied.

  • Hearing

    Oct 01, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

CAROL KATZ VS MANDOSER, INC., ET AL.

Cross-Defendants' Motion for Terminating Sanctions is deemed MOOT and taken off-calendar. Moving parties are to give notice. The parties are strongly encouraged to attend all scheduled hearings virtually or by audio. Effective July 20, 2020, all matters will be scheduled virtually and/or with audio through the Court’s LACourtConnect technology. The parties are strongly encouraged to use LACourtConnect for all their matters.

  • Hearing

    Sep 30, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

JANE DOE VS HONGMIN ZHAO, ET AL.

The Court indicated that it would consider terminating sanctions in the future, if appropriate. Defendants currently have a pending motion for terminating sanctions, which is set for hearing on October 19, 2020. The Court finds that while Plaintiff has not complied with discovery, fines and imprisonment for contempt are not the appropriate remedies pursuant to Parra. Therefore, the Court DENIES Defendants’ application for an OSC re: contempt in its entirety.

  • Hearing

    Sep 30, 2020

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

EMERITO SOSA MENDEZ VS CARLOS AYALA

Even if the Court found Plaintiff willfully failed to appear at the second examination, terminating sanctions will not be imposed for a single failure to appear. As noted above, terminating sanctions are only awarded for persistent and willful abuses of the discovery process. Other Relief or Sanctions Defendant’s Motion alternatively requests an order compelling Plaintiff’s appearance at his physical examination in the Notice of Motion.

  • Hearing

    Sep 29, 2020

  • County

    Los Angeles County, CA

INTERINSURANCE EXCHANGE OF THE AUTO CLUB VS SHAUN KAHARRI IVY, ET AL.

C/O: 02-02-21 MOTION C/O: 02-17-21 TRIAL DATE: 03-04-21 PROCEEDINGS: MOTION FOR TERMINATING SANCTIONS AND FOR AWARD OF MONETARY SANCTIONS MOVING PARTY: Plaintiff Interinsurance Exchange of the Automobile Club RESP. PARTY: None MOTION FOR TERMINATING SANCTIONS (CCP § 2023.030) TENTATIVE RULING: Plaintiff Interinsurance Exchange of the Automobile Club’s Motion for Terminating Sanctions is GRANTED. However, Plaintiff’s request for monetary sanctions is DENIED.

  • Hearing

    Sep 28, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

SCILABS NUTRACEUTIALS, INC. VS. LUBERSKI INC.

That leaves the failure to pay monetary sanctions and the failure to appear for deposition as a basis for terminating sanctions. Of course, the failure to pay monetary sanctions does not justify terminating sanctions. (Newland v. Sup.Ct. (Sugasawara) (1995) 40 Cal.App.4th 608, 615.) Thus, the only conduct at issue in the third motion that could have justified terminating sanctions was the failure to appear for deposition.

  • Hearing

    Sep 28, 2020

NANCEE WATERHOUSE VS THE VONS COMPANIES, INC.

However, the Court concludes that monetary sanctions would be futile, and, in any event, terminating sanctions are sufficient. CONCLUSION AND ORDER Defendant’s motion for terminating sanctions is granted. Plaintiff’s complaint against Defendant is dismissed with prejudice. Defendant shall provide notice and file proof of such with the Court. DATED: September 28, 2020 ___________________________ Stephen I. Goorvitch Judge of the Superior Court

  • Hearing

    Sep 28, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

USA WASTE OF CALIFORNIA, INC., A CORPORATION VS FRANCISCA ESCOBAR

She was served with the notice of the motion for terminating sanctions. (Code of Civil Procedure section 2023.030(d)(1).) Plaintiff’s motion for terminating sanctions is granted in part. The Answer of Defendant Francisca Escobar is stricken. The court will enter a default for Plaintiff. Plaintiff shall file a request for default judgment. The case management conference scheduled for October 30, 2020 at 8:30 a.m. in Department 11B will remain.

  • Hearing

    Sep 28, 2020

BULMARO SAGRERO, ET AL. VS NISSAN NORTH AMERICA, INC.

Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 993–994, held that Bentley’s failure to turn over customer complaints regarding defects on other Bentleys to support the plaintiff’s claim under the Song-Beverly Act was an abuse of discovery so flagrant that the trial court abused its discretion by not imposing terminating sanctions. Other cases have embraced a evidentiary rule similar to that only implicit in Doppes. In Donlen v.

  • Hearing

    Sep 28, 2020

MAYELA CONTRERAS , ET AL. VS LAST MANAGEMENT PROPERTY

F-47 Date: 9/28/20 Case #19CHCV00037 MOTION FOR TERMINATING SANCTIONS Motion filed on 8/21/20. MOVING PARTY: Defendants Last Management, LLC and Last Property Mangmnt RESPONDING PARTY: Plaintiff Ramiro Valle Notice: ok RELIEF REQUESTED: An order imposing terminating sanctions to dismiss Plaintiff Ramiro Valle’s case and monetary sanctions against Plaintiff and his/her attorney of record in the amount of $540.00. RULING: The unopposed motion is granted as set forth below.

  • Hearing

    Sep 28, 2020

  • Type

    Real Property

  • Sub Type

    other

SCHEIN VS SAN DIEGO SPORTS MEDICINE AND FAMILY HEALTH CENTER

A motion for terminating sanctions is on calendar for later this month. ROA 50. 2. Applicable Standards. Motions for leave to withdraw are governed by Code of Civil Procedure section 284 and CRC 3.1362. Counsel are directed to use Judicial Council forms MC-051, 052, and 053. 3. Discussion and Ruling. The declaration supporting the motion states: "Ms. Shein has not responded to telephone calls, email or social media messages. Both I and my former assistant, Kimber Tabak, have tried to reach Ms.

  • Hearing

    Sep 25, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

STEPHENIE LAURICELLA VS JASPER PERRIN

.: 19STCV01481 [TENTATIVE] ORDER RE: DEFENDANT’S MOTION FOR TERMINATING SANCTIONS Dept. 27 1:30 p.m. September 25, 2020 On January 16, 2019, plaintiff Stephenie Lauricella filed this action against defendant Jasper Perrin arising from a November 22, 2017 automobile collision. Defendant moves for terminating sanctions based on Plaintiff’s failure to comply with the Court’s February 27, 2020 Order, requiring her to provide responses to Defendant’s written discovery.

  • Hearing

    Sep 25, 2020

ESMOND VS. THE RICHARD F. CRAWFORD COMPANY

Plaintiff’s two Amended Motions for Terminating Sanctions, or in the Alternative Evidentiary and Issue Sanctions, two Motions to Compel Further Responses to Special Interrogatories, and two Motions to Compel Further Responses to Form Interrogatories, are denied. The motions to compel further responses are moot because defendants have served further responses to all the discovery requests at issue in these motions.

  • Hearing

    Sep 25, 2020

MAYRA A MANZO VS FCA US LLC

App. 4th 967, 973-74, 994 [documents concerning customer complaint files were not produced during discovery prompting Court of Appeal to order trial court to issue terminating sanctions].) The motion is GRANTED as to Request No. 21. Defendant FCA US LLC is ordered to provide a further verified response and produce responsive documents to Request for Production No. 21 within 30 days hereof.

  • Hearing

    Sep 25, 2020

RONALD BELL, JR. VS JAMISON SERVICES, INC., ET AL.

The court has reviewed both Jamison’s and 811’s motions for terminating sanctions, filed 5/28/19 and 1/17/20, respectively, and both motions seek terminating sanctions against Plaintiff based on Plaintiff’s failure to comply with the court’s 4/17/20 Order. However, the court’s ruling on 6/25/19 already addressed this issue and granted terminating sanctions in Defendants Jamison’s and 811’s favor. (Min. Order 6/25/19.)

  • Hearing

    Sep 25, 2020

ESMOND VS. THE RICHARD F. CRAWFORD COMPANY

Plaintiff’s two Amended Motions for Terminating Sanctions, or in the Alternative Evidentiary and Issue Sanctions, two Motions to Compel Further Responses to Special Interrogatories, and two Motions to Compel Further Responses to Form Interrogatories, are denied. The motions to compel further responses are moot because defendants have served further responses to all the discovery requests at issue in these motions.

  • Hearing

    Sep 25, 2020

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS. TRAN

Similarly, the initial motion for terminating sanctions was served only on Nguyen. This has been a terribly confusing road to navigate. Attorney Benedict has claimed to represent two individuals seeking remuneration for injuries suffered in an accident, and the insurance carrier appears ready to address those claims. According to Benedict, one claimant “wishes to drop” his claim, and the other “is no longer represented by” his firm.

  • Hearing

    Sep 25, 2020

BEAR TRUCKING INC VS GORDON REES SCULLY MANSUKHANI LLP

Discussion The sanctions under Code of Civil Procedure section 2023 may include monetary, issue, evidentiary and terminating sanctions. However, the discovery statutes "evince an incremental approach to discovery sanctions, starting with monetary sanctions and ending with the ultimate sanction of termination." Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604.

  • Hearing

    Sep 24, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

CROCKER VS. RAYOSUN LLC

Based on Defendant's unexplained direct violation of this court's order, Defendant's continued failure to provide discovery responses and the ensuing prejudice to Plaintiff as a result of Defendant's conduct, the court finds the "totality of the circumstances" warrants the imposition of terminating sanctions. See, Creed-21 v. City of Wildomar (2017) 18 Cal.App.5th 690. See also, Moofly Productions, LLC v. Favila (2020) 46 Cal.App.5th 1, 12; Mileikowsky v.

  • Hearing

    Sep 24, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

KAMRAN NAIMI, ET AL., VS KAYVAN NAIMI, ET AL.,

SC125414 Hearing Date September 24, 2020 Plaintiffs’ Motion for Sanctions, Including Terminating Sanctions; Motion to Compel Compliance with Deposition Subpoena Plaintiffs’ Motion for Sanctions, Including Terminating Sanctions Plaintiffs seek terminating and evidentiary sanctions, arguing defendants forged documents and obstructed discovery. Plaintiffs argue the multi-asset family partnership, including car dealerships and real estate, is shared 50/50 between brothers Kamran and Kayvan.

  • Hearing

    Sep 24, 2020

  • Type

    Real Property

  • Sub Type

    other

REESHEMAH WATSON, AN INDIVIDUAL VS ELSY TORRES, AN INDIVIDUAL

Defendant now moves for terminating sanctions to dismiss Plaintiff’s case. Where a party fails to obey an order compelling answers to discovery, “the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction.”¿ (Code¿Civ. Proc., §§ 2030.290,¿subd. (c), 2023.010,¿subd. (c);¿R.S. Creative, Inc. v. Creative Cotton, Ltd.¿(1999) 75 Cal.App.4th 486, 495.)

  • Hearing

    Sep 24, 2020

ALLSTATE NORTHBROOK INDEMNITY COMPANY VS GABRIELA GONZALEZ

“Under this standard, trial courts have properly imposed terminating sanctions when parties have willfully disobeyed one or more discovery orders.” (Los¿Defensores, 223 Cal.App.4th at p. 390 (citing¿Lang, supra, 77 Cal.App.4th at pp. 1244-1246 [discussing cases];¿see, e.g.,¿Collisson¿& Kaplan v.¿Hartunian¿(1994) 21 Cal.App.4th 1611, 1617-1622 [terminating sanctions imposed after defendants failed to comply with one court order to produce discovery];¿Laguna Auto Body v. Farmers Ins.

  • Hearing

    Sep 24, 2020

WIMBERLEY VS CITY OF SAN DIEGO

Plaintiff's motion for terminating sanctions/entry of default judgment against Defendant City of San Diego is DENIED. The City identifies several defects with Plaintiff's motion including that Plaintiff does not identify the specific discovery requests at issue and the City's responses and that there is no prior order from this court ordering the City to produce documents. Rather than ruling on these purported defects, the court rules on the merits of the parties' dispute as follows.

  • Hearing

    Sep 24, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

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