On April 17, 2019 a
Order
was filed
involving a dispute between
Robart Randall,
and
Gonzales Marlon,
for civil
in the District Court of Los Angeles County.
Preview
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Civil Division
Central District, Spring Street Courthouse, Department 26
19STLC03699 April 27, 2021
RANDALL ROBART vs MARLON GONZALES 10:00 AM
Judge: Honorable Elia Weinbach CSR: None
Judicial Assistant: S. Azizian ERM: Electronically Recorded
Courtroom Assistant: None Deputy Sheriff: None
APPEARANCES:
For Plaintiff(s): No Appearances
For Defendant(s): No Appearances
NATURE OF PROCEEDINGS: Hearing on Motion for Terminating Sanctions
The court’s tentative ruling is posted online and in open court for parties to review.
The matter is called for hearing.
The defendant submits to the court’s tentative ruling via email.
The court adopts its tentative ruling as the final order of the court, as follows:
Defendant Marlon Gonzalez’s Motion for Terminating Sanctions is GRANTED. THE COURT
HEREBY DISMISSES PLAINTIFF RANDALL ROBART’S COMPLAINT WITH
PREJUDICE.
THE REQUEST FOR MONETARY SANCTIONS IS DENIED.
ANALYSIS:
Plaintiff Randall Robart (“Plaintiff”) filed the instant action for motor vehicle negligence against
Defendant Marlon Gonzalez (“Defendant”) on April 17, 2019. On June 24, 2020, the Court
granted Defendant’s motion to compel Plaintiff’s responses to special interrogatories and request
for production of documents. (Minute Order, 06/24/20.) The Court ordered Plaintiff to serve
responses to the discovery within 20 days’ notice of the order and to pay monetary sanctions
within 30 days’ notice of the order.(Ibid.) Notice of the ruling was served on Plaintiff on July 7,
2020. (Notice of Ruling, filed 07/07/20.) Defendant filed the instant Motion for Terminating and
Monetary Sanctions on March 1, 2021. To date, no opposition has been filed.
Discussion
Where a party willfully disobeys a discovery order, courts have discretion to impose terminating,
Minute Order Page 1 of 3
Document Filed Date
April 27, 2021
Case Filing Date
April 17, 2019
Status
Court-Ordered Dismissal - Other (Other)
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division Central District, Spring Street Courthouse, Department 26 19STLC03699 April 27, 2021 RANDALL ROBART vs MARLON GONZALES 10:00 AM Judge: Honorable Elia Weinbach CSR: None Judicial Assistant: S. Azizian ERM: Electronically Recorded Courtroom Assistant: None Deputy Sheriff: None APPEARANCES: For Plaintiff(s): No Appearances For Defendant(s): No Appearances NATURE OF PROCEEDINGS: Hearing on Motion for Terminating Sanctions The court’s tentative ruling is posted online and in open court for parties to review. The matter is called for hearing. The defendant submits to the court’s tentative ruling via email. The court adopts its tentative ruling as the final order of the court, as follows: Defendant Marlon Gonzalez’s Motion for Terminating Sanctions is GRANTED. THE COURT HEREBY DISMISSES PLAINTIFF RANDALL ROBART’S COMPLAINT WITH PREJUDICE. THE REQUEST FOR MONETARY SANCTIONS IS DENIED. ANALYSIS: Plaintiff Randall Robart (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Marlon Gonzalez (“Defendant”) on April 17, 2019. On June 24, 2020, the Court granted Defendant’s motion to compel Plaintiff’s responses to special interrogatories and request for production of documents. (Minute Order, 06/24/20.) The Court ordered Plaintiff to serve responses to the discovery within 20 days’ notice of the order and to pay monetary sanctions within 30 days’ notice of the order.(Ibid.) Notice of the ruling was served on Plaintiff on July 7, 2020. (Notice of Ruling, filed 07/07/20.) Defendant filed the instant Motion for Terminating and Monetary Sanctions on March 1, 2021. To date, no opposition has been filed. Discussion Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, Minute Order Page 1 of 3