Document for Voyager Restaurant Group, Inc. vs. Sonora Petroleum, Inc.

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                                SUPERIOR       COURT      OF  CALIFORNIA,       COUNTY       OF  PLACER


                   Date:  August  7,2018                                     Time:  8:30  AM
                   Judge:  Michael  Jacques                                  Dept.: LM
                   Reporter:                                                 Clerk:


                 Voyager  Restaurant   Group, Inc. vs.Sonora  Petroleum,                              [_] Present
                 Inc. (FKA)  etal


                                                                                                     CL] Present

                 (] And  related Cross  Action(s)                           Case #  S-CV-0035599

                                                             Law  and  Motion   Minutes

                 Proceedings    RE: Motion:  Sanctions-_

                 L] Dropped.               L] Continued   to____—    [by    Plaintiff[   by Defendant
                                                                                 J  by  Stipulation  [] by  Court
                 ]  Matter  argued  and  submitted.
                 [_]Submitted   on points  and authorities  without  [_]argument    [J appearance.
                Cc] Motion/Petition  granted.     CL] Motion/Petition   denied.

                 [_]Demurrer    [] sustained  [J overruled    [] without   [_]with  leave to]    amend   [J answer.
                 _] Counsel  appointed   for:
                CT] Taken  under  submission.

                 L] Debtor  is sworn  and  retired with counsel  for examination.

                 ]  Stipulation  to[_]Jjudge Pro Tem   [Commissioner      executed  in open  court.
                 _] Counsel  for        to prepare  the written  order and  submit  ittoopposing   counsel  for approval  as
                    tocontent  and  form.

                CL] Other        .

                ithe     tentative ruling isadopted   as the ruling of the court,to wit:

                  Plaintiff's       Motion      to   Strike      Answer     and    Cross-Complaint          of   Defendant        for


                Non-Response        to    Discovery      is    granted.      Terminating        sanctions      are    an   extreme


                sanction       for    those     cases     where     misuses      of    the    discovery       process       are    so

                pervasive       that    a   less     drastic      sanction      will     not    sufficiently        address      the

                discovery       derelictions.           (Deyo    v.   Kilbourne       (1978)     84   Cal.App.3d        771,    796-

                YOU  5)    In  light     of  the   extreme      effect    of   terminating       sanctions,       courts     do  not




                                           CAO
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                impose      such     a    sanction       lightly.         In    this     case,     defendants         and    cross-

                complainants        Sonora     Gasoline      Corporation       and    Gurraj     Singh    Grewal     have    failed

                to    respond       to    discovery        requests       served       in    December       2017,      failed      to

                substitute        in    new    counsel      after     their     prior      attorney       died    unexpectedly,

                failed     to   respond      to   significant        meet    and   confer     efforts,       have    not   opposed

                multiple      motions     filed     by   plaintiff,      and    failed     to   serve    discovery      responses

                following      the    court’s     grant     of  a  motion     to   compel.       Additionally,         defendants

                and   cross-complainants           filed    no   opposition      to  the    current    motion.




                         Based    on   the   facts    and   circumstances        of  the   present      case,    the   court
                finds    good    cause    to  grant    the   relief     requested      by  plaintiff.         Sonora    Gasoline
                Corporation       and   Gurraj     Singh    Grewal’s     cross-complaint          is  stricken.        Sonora
                Gasoline      Corporation       and   Gurraj    Singh    Grewal’s      first    amended     answer     to  the
                third    amended     complaint      is   stricken.       Default     is   hereby     entered     against
                defendants       Sonora    Gasoline      Corporation       and   Gurraj    Singh     Grewal.