Motion Types Legal Issues

What is a Motion for Terminating Sanctions?

Most Useful Motion for Sanctions – Motion for Terminating Sanctions Examples

Recent Examples of Motion for Sanctions – Motion for Terminating Sanctions

1-25 of 500 results

STACEY WILLIAMS, ET AL. VS SELECT PHYSICAL THERAPY, ET AL.

...CENTRAL DISTRICT STACEY WILLIAMS, ET AL., Plaintiff(s), vs. SELECT PHYSICAL THERAPY, ET AL., Defendant(s). CASE NO: 19STCV08992 [TENTATIVE] ORDER GRANTING DEFENDANT’S UNOPPOSED MOTION FOR TERMINATING SANCTIONS Dept. 31 1:30 p.m. February 20, 2020 Defendant propounded special interrogatories, set two and RFAs, set two on Plaintiffs on 9/23/19. On 12/16/19, the Court entered an order granting Defendant’s ...

... sanctions . Second, a brief review of the prior motion s 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. Defendant does not seek imposition of additional monetary sanctions in connection with this motion , and ...

  • Hearing

    Feb 20, 2020

BRADLEY GUEVARA VS JOAQUIN BOBADILLA AKA OSCAR BOBADILLA

...2020 [TENTATIVE] order RE: motion s for terminating sanctions Defendant Arash Rajaeeyan (“Defendant”) moves to dismiss the complaint of Cross-Complainant Jennifer Mae Van Buskirk (“Van Buskirk”) as a terminating sanction. The court has discretion to impose terminating sanction when a party willfully disobeys a discovery order. (Code Civ. Proc., §§ 2023.010, subd. (g), 2030.290, subd. (c).) The court may impos...

...served responses to the discovery. Van Buskirk has disobeyed this Court’s order of November 22, 2019. Further, Van Buskirk has not opposed the motion s, and has waived the right to argue that terminating sanctions are unwarranted. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.) The Court has considered the option of imposing lesser sanctions but finds that none would compel Van Buskirk to comply wi...

  • Hearing

    Feb 20, 2020

CHARLES KUTA V. COLORTOKENS, INC.

...requests sanctions against “plaintiff” for attorneys’ fees incurred in preparing the instant motion in the amount of $7,056.00. Counsel contends that he spent 22.2 hours researching and preparing the motion at a rate of $280 per hour, resulting in attorneys’ of $6,216.00. The additional amount is for anticipated costs incurred in drafting a reply and preparing for and attending the hearing on the motion ...

...Kuta’s counsel failed to meet and confer regarding the items sought in the instant motion to compel. Kuta has not disputed this claim. Kuta has not disputed this claim. Thus, the Court will award monetary sanctions against Kuta for the time already spent. This Court concludes, however, that the number of hours expended is not reasonable under the circumstances, particularly in light of the relatively limited num...

  • Hearing

    Feb 20, 2020

EDWARD MAYO, AN INDIVIDUAL VS TK1SC, A CALIFORNIA CORPORATION

...subpoena requires the attendance of a witness or the production of books, documents, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely,...

...Defendant has access to the same relevant information it seeks here. Based on the foregoing, Plaintiff’s motion s to quash deposition subpoena for production of business records are GRANTED. Monetary Sanctions Under Code of Civil Procedure section 1987.2(a), “the court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion , including reasonable attorney'...

  • Hearing

    Feb 20, 2020

DOUGLAS HART VS ALTA VISTA GARDENS, INC., ET AL.

Motion for Sanctions Having considered the moving, opposing, and reply papers, the Court rules as follows. BACKGROUND On June 10, 2019, Plaintiff Douglas Hart (“Plaintiff”) filed a complaint against Defendants Alta Vis...

...Defendant/Cross-Defendant Alta Vista Gardens, Inc.’s responses to Form Interrogatories and Request for Production (Both Set One). On December 12, 2019, Plaintiff filed a motion for issue or evidentiary sanctions pursuant to California Code of Civil Procedure section 2023.030. Trial is set for December 7, 2020. PARTY’S REQUESTS Plaintiff asks the Court to order either: (1) an issue sanction establishing Def...

  • Hearing

    Feb 20, 2020

GARIBAY, ARNULFO VS QUETZAL CORPORATION

...Monetary Sanctions HEARING REQUIRED; b) Defendants' Motion for Imposition of Issue Sanctions , Evidence Sanctions , or Terminating Sanctions against Plaintiff Arnulfo Garibay and for Monetary Sanctions HEARING REQUIRED. Counsel shall appear to discuss the status of the matter in light of the extenuating circumstances disclosed in the opposition. In addition, the opposition brief and supporting docum...

  • Hearing

    Feb 20, 2020

GARY SARINA V. PHYSICIAN’S AUTOMATED LABORATORIES, ET AL.

...before the Court is Plaintiff’s motion for approval of (1) the PAGA settlement, (2) appointment of settlement administrator, (3) Plaintiff’s enhancement payment, and (4) attorney’s fees and costs. The motion is unopposed. “A PAGA representative action is ... a type of qui tam action” in which a private plaintiff pursues a dispute between an employer and the Labor and Workforce Development Agency (LWDA) on...

...There are 828 Aggrieved Employees. (Briggs Decl., ¶ 4.) Footnote 1: Plaintiff avers this motion , a copy of the settlement agreement, and supporting papers were served on the LWDA at the same time this motion was filed. (Mtn., p. 4, ll. 5-7.) The settlement provides a Gross Settlement Amount of $425,000. (Briggs Decl., Ex. 1, p. 3, ll. 12-16.) After deducting administrative expenses2 ($10,000), Plaintiff’s...

  • Hearing

    Feb 20, 2020

UNIQUE HOMES BY CASPIAN INC VS ERI KROH ET AL

SUBJECT: Motion to Amend Judgment Moving Party: Defendant/Cross-Complainants Eri Kroh and 1400 Linda Flora Associates, LLC Responding Party: Amir Babak Mirdamadi Kroh/1400’s motion to amend judgment is DENIED. BACKGROUND: On December 18, 2015, Plaintiff Unique Homes by Caspian, Inc. (“Unique”) commenced this action against Defendants Eri Kroh and Hankey Capital, LLC for (1) br...

...fourth, and fifth causes of action of Unique’s complaint. On March 7, 2016, the Court granted 1400’s motion to expunge the mechanic’s lien and lis pendens. On May 16, 2016, the Court denied Unique’s motion for reconsideration of the order expunging the lis pendens. On July 14, 2016, dismissal was entered for Kroh and Hankey Capital LLC as to the sixth cause of action. On September 7, 2016, the Court d...

  • Hearing

    Feb 20, 2020

MATTER OF CARRARI FAMILY TRUST

... Motion to Quash Subpoena (6) Amended Pet to Remove Angelina Dettamanti as Trustee # 18PR00334 Matter of Carrari Family Trust Est. February 28, 2002 Hearing Date: 2/20/2020 HEARINGS: (1) Dettamanti’s motion to disqualify Andre, Morris & Buttery and Mullen & Henzell LLP, set aside January 15, 2019 order, vacate all pleadings after July2018, issue OSC re imposition of sanctions against counsel, and impose ...

...costs. (2) Dettamanti’s motion to vacate orders and dismiss (3) Motion by non-party Marcial Lopez to quash deposition subpoena for personal appearance and production, and/or for protective order, and sanctions ATTORNEYS: Mack S. Staton of Mullen & Henzell LLP for Petitioner Linda Kopcrak, as Beneficiary James C. Buttery / Elizabeth A. Culley of Andre, Morris & Buttery for Temporary Trustee David Farme...

  • Hearing

    Feb 20, 2020

MOL (AMERICAN) INC., VS INTER AUTO TRADE INC.,

Mol (American), Inc. v. Inter Auto Trade, et al MOTION FOR TERMINATING SANCTIONS (CCP § 2023.010, et seq.) TENTATIVE RULING: Plaintiff Mol (American), Inc.’s Motion for Terminating Sanctions is CONTINUED TO MARCH 18, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTH...

...THE MOTION PAPERS AND NOTICE OF NEW HEARING DATE, AND TO CONCURRENTLY FILE PROOF OF SERVICE OF THE SAME WITH THE COURT. FAIULRE TO COMPLY WITH THE COURT’S ORDERS MAY RESULT IN THE MOTION FOR TERMINATING SANCTIONS BEING PLACED OFF CALENDAR OR DENIED. ANALYSIS: Plaintiff Mol (American), Inc. (“Plaintiff”) filed the instant action for common counts against Defendant Inter Auto Trade, Inc. (“Defendant”) on Novem...

  • Hearing

    Feb 19, 2020

JARVONA RICHARDSON VS FAMILY PLANNING ASSOCIATES MEDICAL GRO

Motion to Deem Matters in Request for Admissions (Set One) as True Having considered the moving, opposing, and reply papers, the Court rules as follows. BACKGROUND On April 13, 2018, Plaintiff Jarvona Ric...

...Richardson (“Plaintiff”) filed a complaint against Defendant Family Planning Associates Medical Group, Inc., aka FPA Women’s Health. The complaint alleges medical malpractice and negligent infliction of e motion al distress for a failed pregnancy termination that occurred on March 13, 2017. On June 14, 2018, Plaintiff filed amendments to the complaint renaming Doe 1 as Defendant Ruben Marmet, Doe 2 as Defenda...

  • Hearing

    Feb 19, 2020

VERNON ALEXANDER ROSADO, ET AL. VS LQK CORPORATION

...Defendant filed the following nine motion s: (1) Motion to Compel Plaintiff Alexander Protective Services’ Responses to Form Interrogatories, Set One, and Request for Monetary and Evidentiary Sanctions ; (2) Motion to Compel Plaintiff Alexander Protective Services’ Responses to Special Interrogatories, Set One, and Request for Monetary and Evidentiary Sanctions ; (3) Motion to Compel Plaintiff Alexander Protectiv...

... Sanctions ; and (9) Motion to Compel Plaintiff Vernon Alexander Rosado’s Responses to Request for Production of Documents, Set One, and Request for Monetary and Evidentiary Sanctions (collectively, “the Motion s”). To date, no opposition or reply briefs have been filed. Legal Standard & Discussion Interrogatories and Request for Production of Documents A party must respond to interrogatories and requests...

  • Hearing

    Feb 19, 2020

AMANDA MARTINEZ VS GOOD NEIGHBOR CLINIC, A MEDICAL CORPORATION, A CALIFORNIA CORPORATION

...not produced its PMK for deposition. Based on the foregoing, Plaintiff’s motion to compel deposition of Defendant’s PMK is GRANTED. Monetary Sanctions A court shall impose monetary sanctions if the motion to compel is granted, unless the one subject to sanction acted with substantial justification or other circumstances would make the imposition of the sanction unjust. (Code of Civ. Proc., § 2025.450(g...

...the reply. In opposition, Defendant argues that it acted with substantial justification and the circumstances surrounding the nonappearance and leading up to the instant motion makes the imposition of sanctions unjust. Defendant asserts that communications between counsel prior to the non-appearance demonstrates cooperation and efforts to accommodate the discovery and taking of the PMK deposition by Defendan...

  • Hearing

    Feb 19, 2020

DAVID BELL VS MICHAEL B. ANGELEO

Motion for Terminating Sanctions Having considered the moving and opposing papers, the Court rules as follows. No reply papers were filed. BACKGROUND On December 26, 2018, Plaintiff David Bell (“Plaintiff”) filed a complaint again...

...that occurred on May 30, 2017. On November 1, 2019, the Court ordered Plaintiff to appear at a deposition within 30 days of the ruling. On December 4, 2019, Defendant filed a motion for terminating sanctions against Plaintiff pursuant to California Code of Civil Procedure section 2023.030. Trial is set for June 24, 2020. PARTY’S REQUEST Defendant asks the Court to impose terminating sanctions against P...

  • Hearing

    Feb 18, 2020

CHERISE FOX VS CITY OF BEVERLY HILLS

...Hills Defendant’s Motion to Compel Plaintiff’s Compliance with the Court’s Discovery Order and for Monetary Sanctions is GRANTED in part and DENIED in part. On 8/23/19, the Court granted Defendant’s Seven Motion s to Compel Plaintiff’s Responses to Form Interrogatories, Set One; Special Interrogatories, Sets One, Two and Four; and Request for Production of Documents, Sets One, Two and Three. The Court also imp...

...judgment, and are immediately enforceable through execution, except to the extent the trial court may order a stay of the sanction.” Newland v. Superior Court (1995) 40 Cal. App. 4th 608, 615. Further sanctions for the failure to pay sanctions are not warranted. Id. Defendant’s request for an issue sanction in the form of vacating the trial date is DENIED. An issue sanction designates facts as established o...

  • Hearing

    Feb 18, 2020

SHAKIR KHAN VS SHAKEEL AHMAD, DBA HYPHY SMOKERS CLUB

...prior 30-day Notice to Quit. (SAC, ¶¶ 37-39.) The unlawful detainer was later dismissed when Plaintiff obtained counsel and threatened to file a motion to strike the unlawful detainer complaint and for sanctions . (SAC, ¶¶ 39-40.) Plaintiff’s original complaint was filed on July 21, 2017. Defendant demurred to the original complaint, but Plaintiff filed a First Amended Complaint on January 4, 2019, before the ...

  • Hearing

    Feb 18, 2020

BRUCE J GUTTMAN VS PHILLIP GUTTMAN ET AL

...Corporations Code Section 15908.2 OPPOSITION: Opposition to Ex Parte Application January 27, 2020; Further Opposition to Ex Parte/ Motion February 3, 2020 REPLY: February 10, 2020 TENTATIVE: Moving Defendants’ motion to vacate the dismissal of January 16, 2020 is GRANTED as it was improperly entered. The Order of August 16, 2019 is reinstated. Further, due to the responses of the appraisers that attempting to reac...

...proceeding. On July 15, 2019, the court granted Defendants Phillip and Judith’s motion to stay dissolution and appoint appraisers pursuant to Corporation Code section 15908.02. The court granted Defendants’ motion and ordered that Defendants post a bond of $125,000 within 72 hours. Further, the court set a procedure for the parties to agree upon three appraisers and to submit a proposed order referring the matt...

  • Hearing

    Feb 18, 2020

ROSA DELLARINA SALAS ET AL VS MELODY BAR LLC ET AL

[TENTATIVE] ORDER RE: MOTION TO DISQUALIFY; MOTION FOR TERMINATING SANCTIONS On April 5, 2018, plaintiffs Rosa Dellarina Salas and Margarita Caballero (collectively, “Plaintiffs”) filed this action against defendants Melody Bar, LLC, Christian Warren, and Robert Hughes for in...

...2017 when a speaker placed above an entrance fell and struck Plaintiffs on the head. Plaintiffs bring a motion to disqualify defense counsel Nelson & Griffin LLP and a motion for terminating sanctions . Motion to Disqualify Plaintiffs contend that Nelson & Griffin LLP should be disqualified for communicating with a third party witness, Lanier Stewart, and “illegally soliciting representation” before Stewar...

  • Hearing

    Feb 14, 2020

KUMAR V. KOHS

...128.7(c).) Plaintiff argues that the Section 128.7 motion is procedurally improper, because it seeks to sanction plaintiff and also dismiss the action and, therefore, the motion is not made separately from other motion s or requests. (See Plaintiff’s Opposition, page 17, lines 10-15.) As stated later in this ruling, a Section 128.7 motion can result in terminating sanctions , which would include dismissal of the plain...

...plaintiff’s action. Therefore, the instant motion properly requests a terminating sanction of dismissal and does not include matters other than those that may be brought in a separate motion to impose sanctions on a party under Section 128.7. “A sanction imposed for violation of subdivision (b) shall be limited to what is sufficient to deter repetition of this conduct or comparable conduct by others similarl...

  • Hearing

    Feb 14, 2020

BARD VS. DENNIS

1)Plaintiffs Michael Bard, Jo Elizabeth Burghardt, Herm Cundall, and Gail Peterson's Corrected Notice of Motion for Terminating Sanctions , (or Issue or Evidence Sanctions ) Against Defendant Hoag Orthopaedic Institute Re: Violation of October 24, 2019 Discovery Order and for Spoliation of Evidence, and For Monetary Sanctions 2)Plaintiffs Michael Bard, Jo Elizabeth Burgh...

  • Hearing

    Feb 14, 2020

WCL CORPORATION ET AL VS HAN CHEOL GWAK ET AL

...THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT WCL CORPORATION, etc., Plaintiff, vs. HAN CHEOL GWAL, et al., Defendants. CASE NO.: BC695630 [TENTATIVE] ORDER RE: MOTION S TO COMPEL; REQUEST FOR MONETARY SANCTIONS Date: February 14, 2020 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Plaintiff WCL Corporation The Court has considered the moving papers. No opposition papers were filed. No courtesy copies of any opp...

...(“PMQ”) to testify on its behalf for deposition and all documents described in the deposition notice, and for monetary sanctions against Sun Smart and its counsel in the amount of $3,487.65; and (2) a motion to compel Defendant John Seung Kim (“Kim”) to appear for deposition, and for an award of monetary sanctions against Kim in Plaintiff’s favor in the amount of $3,465.50. None of Plaintiff’s respective...

  • Hearing

    Feb 14, 2020

DANIELLE DORSEY VS NICOLA BUGELLI M D

Tentative Ruling on Motion for Summary Judgment Dorsey v. Bugelli, Case No. 2018-18725 February 21, 2020, 1:30 p.m., Dept. 72 1. Overview and Procedural Posture. This is a medical negligence case arising from plaintiff Dani...

...entered two stipulations to facilitate discovery. ROA 58-63. Plaintiff's counsel sought leave to withdraw as counsel of record. ROA 65-68. The court was obliged to publish a tentative ruling denying that motion (ROA 76), whereupon it was withdrawn. ROA 77. Plaintiff thereafter sought to dismiss the case, but the dismissals were rejected by the clerk. ROA 78-79. Dr. Bugelli sought an order dismissing the case...

  • Hearing

    Feb 14, 2020

DANIELLE DORSEY VS NICOLA BUGELLI M D

Tentative Ruling on Motion for Summary Judgment Dorsey v. Bugelli, Case No. 2018-18725 February 21, 2020, 1:30 p.m., Dept. 72 1. Overview and Procedural Posture. This is a medical negligence case arising from plaintiff Dani...

...entered two stipulations to facilitate discovery. ROA 58-63. Plaintiff's counsel sought leave to withdraw as counsel of record. ROA 65-68. The court was obliged to publish a tentative ruling denying that motion (ROA 76), whereupon it was withdrawn. ROA 77. Plaintiff thereafter sought to dismiss the case, but the dismissals were rejected by the clerk. ROA 78-79. Dr. Bugelli sought an order dismissing the case...

  • Hearing

    Feb 14, 2020

AMY ALICE KENNEY VS FLOWER BUYER

...2023.010; CCP § 437c) TENTATIVE RULING: Defendant Flower Buyer’s Motion for Terminating and Monetary Sanctions Against Plaintiff Alice Kenney is GRANTED AS TO TERMINATING SANCTIONS AND DENIED AS TO MONETARY SANCTIONS . THE COURT HEREBY DISMISSES THE COMPLAINT WITH PREJUDICE. Defendant Flower Buyer’s Motion for Summary Judgment, or in the alternative, Summary Adjudication, is PLACED OFF CALENDAR. ANALYSIS: Plaint...

...has been filed. The Motion for Summary Judgment, or in the alternative, Summary Adjudication was initially set to be heard on January 21, 2020, then continued to be heard concurrently with the instant Motion for Terminating and Monetary Sanctions . No opposition has been filed regarding the Motion for Summary Judgment, or in the alternative, Summary Adjudication. The hearing on both Motion s was initially ...

  • Hearing

    Feb 13, 2020

AMY ALICE KENNEY VS FLOWER BUYER

...2023.010; CCP § 437c) TENTATIVE RULING: Defendant Flower Buyer’s Motion for Terminating and Monetary Sanctions Against Plaintiff Alice Kenney is GRANTED AS TO TERMINATING SANCTIONS AND DENIED AS TO MONETARY SANCTIONS . THE COURT HEREBY DISMISSES THE COMPLAINT WITH PREJUDICE. Defendant Flower Buyer’s Motion for Summary Judgment, or in the alternative, Summary Adjudication, is PLACED OFF CALENDAR. ANALYSIS: Plaint...

...has been filed. The Motion for Summary Judgment, or in the alternative, Summary Adjudication was initially set to be heard on January 21, 2020, then continued to be heard concurrently with the instant Motion for Terminating and Monetary Sanctions . No opposition has been filed regarding the Motion for Summary Judgment, or in the alternative, Summary Adjudication. The hearing on both Motion s was initially ...

  • Hearing

    Feb 13, 2020

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