Consoli vs. Mize

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Defendant Donna Mize’s unopposed motion to dismiss the action of plaintiff for failure to obey court orders and for monetary sanctions of $519 is denied without prejudice. Defendant offered no legal authority to support a motion to dismiss and instead should have been more properly titled a motion for terminating and monetary sanctions against plaintiff.
Defendant showed plaintiff did not comply with the Court’s 11/29/2016 Order; however, defendant did not state any facts showing: (1) the relevance of the discovery requests to some issue in the case or prejudice to defendant from plaintiff’s failing to comply with the Court’s Order; (2) any attempt to obtain compliance outside of Court; or (3) why lesser sanctions than terminating sanctions would be ineffective.
Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2016) ¶ 8:2318.
The Court has discretion to determine which sanctions to impose. Deyo v. Kilbourne (1978) 84 Cal.App.3........

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