MOTION TO STRIKE ANSWER
Plaintiff Jorge Perez moves to strike Defendant AMPAM Park Mechanical’s (“AMPAM”) Answer or in the alternative for other lesser sanctions due to spoliation of evidence. Defendant Spears Manufacturing Company Inc., Defendant Ferguson Enterprises Inc. and California Contractor’s Network join in this motion.
The motion is denied.
The court overrules Plaintiff’s objection to AMPAM’s Opposition. Plaintiff filed a timely a substantive Reply and has not shown prejudice.
“California discovery law authorizes a range of penalties for conduct amounting to ‘misuse of the discovery process,’” which is defined in Code of Civil Procedure section 2023.030. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 991.) “The general rule . . . is that if it is sufficiently egregious, misconduct committed in connection with the failure to produce evidence in discovery may justify the imposition of nonmonetary sanctions even absent a prior order compelling discovery, or its equi
Hearing Date
July 31, 2020
For full print and download access, please subscribe at https://www.trellis.law/.
MOTION TO STRIKE ANSWER
Plaintiff Jorge Perez moves to strike Defendant AMPAM Park Mechanical’s (“AMPAM”) Answer or in the alternative for other lesser sanctions due to spoliation of evidence. Defendant Spears Manufacturing Company Inc., Defendant Ferguson Enterprises Inc. and California Contractor’s Network join in this motion.
The motion is denied.
The court overrules Plaintiff’s objection to AMPAM’s Opposition. Plaintiff filed a timely a substantive Reply and has not shown prejudice.
“California discovery law authorizes a range of penalties for conduct amounting to ‘misuse of the discovery process,’” which is defined in Code of Civil Procedure section 2023.030. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 991.) “The general rule . . . is that if it is sufficiently egregious, misconduct committed in connection with the failure to produce evidence in discovery may justify the imposition of nonmonetary sanctions even absent a prior order compelling discovery, or its equi