Motion: by Defendant Zamora for Terminating Sanctions
Tentative Ruling:
To grant defendant’s motion for terminating sanctions against plaintiff, as plaintiff has willfully refused to comply with this court’s order compelling him to respond to discovery. (Code Civ. Proc. §§ 2023.010, subd. (g); 2030.290, subd. (c); 2031.300, subd. (c).) To strike plaintiff’s Complaint and dismiss the action with prejudice as against the moving defendant. Defendant shall submit a proposed judgment consistent with the court’s order within 10 days.
Explanation:
Code of Civil Procedure section 2023.010, subdivision (g), makes “[d]isobeying a court order to provide discovery” a “misuse of the discovery process,” but sanctions are only authorized to the extent permitted by each discovery procedure. Once a motion to compel answers is granted, continued failure to respond or inadequate answers may result in more severe sanctions, including evidence, issue or terminating sanctio........

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