DEF G&M Oil Co., LLC 1. Motion for Terminating Sanctions
DEF Chevron Corporation 2. Joinder
Defendant G&M Oil Co. Inc.’s motion for terminating sanctions against plaintiff Yonathan Ghilamariam is granted.
Plaintiff’s complaint will be dismissed at to G&M Oil. As to monetary sanctions, the motion is denied.
Chevron’s motion to join in G&M Oil’s motion for terminating sanctions is denied.
Failing to respond to an authorized method of discovery is a misuse of the discovery process.
Code Civ. Proc. § 2023.010(d). So, too, is disobeying a court order to provide discovery. Id., subd. (g); Van Sickle v. Gilbert (2011) 196 Cal. App. 4th 1495, 1516.
The moving party need only show the failure to obey the court’s earlier discovery orders. Thereafter, the burden of proof shifts to the party seeking to avoid sanctions to establish a satisfactory excuse for his or her conduct. Corns v. Miller (1986) 181 Cal. App. 3d 195, 201; Puritan Ins. Co. v. Sup.Ct. (Tri–C Machine Corp.) (1985) 171 Cal. App. 3d
Hearing Date
September 17, 2020
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DEF G&M Oil Co., LLC 1. Motion for Terminating Sanctions
DEF Chevron Corporation 2. Joinder
Defendant G&M Oil Co. Inc.’s motion for terminating sanctions against plaintiff Yonathan Ghilamariam is granted.
Plaintiff’s complaint will be dismissed at to G&M Oil. As to monetary sanctions, the motion is denied.
Chevron’s motion to join in G&M Oil’s motion for terminating sanctions is denied.
Failing to respond to an authorized method of discovery is a misuse of the discovery process.
Code Civ. Proc. § 2023.010(d). So, too, is disobeying a court order to provide discovery. Id., subd. (g); Van Sickle v. Gilbert (2011) 196 Cal. App. 4th 1495, 1516.
The moving party need only show the failure to obey the court’s earlier discovery orders. Thereafter, the burden of proof shifts to the party seeking to avoid sanctions to establish a satisfactory excuse for his or her conduct. Corns v. Miller (1986) 181 Cal. App. 3d 195, 201; Puritan Ins. Co. v. Sup.Ct. (Tri–C Machine Corp.) (1985) 171 Cal. App. 3d