On April 11, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Benitez-Robles, Tanya,
and
Costco Wholesale,
for civil
in the District Court of Merced County.
Preview
Superior Court of California, County of Merced
MINUTE ORDERS
Tanya Benitez-Robles 8:15 AM - 9:00 AM
vs Motion
Costco Wholesale
17CV-01085
Date of Hearing: 02/09/2021
Heard By: Proietti, Donald Location: Courtroom 10
Courtroom Reporter: M. Matheson Courtroom Clerk: M. George
Court Interpreter:
Court Investigator:
Parties Present: Future Hearings:
The case is regularly called for hearing:
- The Court has read and considered the: Second Motion for Terminating Sanctions
The Court states its tentative ruling
The Court notes that there was no request for oral argument made, no objections, no request to
continue and no appearances.
The Court orders:
The tentative ruling is confirmed by the Court as follows:
Second Motion for Terminating Sanctions
On September 3, 2020, this court granted Defendant s motion to compel discovery and pay sanctions.
That order was never obeyed. On November 20. 2020, this court granted in part and denied Defendant’s
First Motion for Terminating Sanctions, denying the terminating sanctions, but granting additional
monetary sanctions. There has been no compliance with either order to pay sanctions or the order to
provide discovery. This court's November 20, 2020 order concluded with the following: If Plaintiff fails
to retain competent counsel and fails to comply with the prior discovery order, plus this additional order
regarding sanctions, issue or terminating sanctions will eventually become appropriate. Since there has
been no response to Defendant s attempts to meet and confer, and no response to any of the discovery
motions filed, it appears the Plaintiff has abandoned the case. Accordingly, this second motion for
terminating sanctions is GRANTED and the Case Management Conference set for August 2, 2021 is
VACATED.
The prevailing party is directed to prepare a written order consistent with the Court's ruling for the
Court's signature, pursuant to California Rules of Court, rule 3.1312, and to provide notice thereof to the
opposing party/counsel as required by law and the California Rules of Court. The order is to be submitted
by electronic filing to Hon. Donald Proietti.
Printed: 2/9/2021 02/09/2021 Motion - 17CV-01085 Page 1 of 1
Document Filed Date
February 09, 2021
Case Filing Date
April 11, 2017
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