PHYLLIS BARNETT, Plaintiff, vs. WESTFIELD GROUP, et al., Defendants.

CASE NO: BC607280

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S ANSWER OR FOR OTHER SANCTIONS

Dept. 98
10:00 a.m.
December 14, 2016

On January 15, 2016, Plaintiff Phyllis Barnett (“Plaintiff”) filed this action against Defendant Culver City Mall, LLC (erroneously sued as Westfield Group) (“Defendant”) for alleged damages arising out of a September 23, 2014 trip and fall. Plaintiff alleges that she tripped on a ramp on Defendant’s premises, a shopping mall.

Plaintiff filed the instant Motion on October 20, 2016, requesting that the Court strike Defendant’s Answer on the ground that Defendant had engaged in misuse of the discovery process. Alternatively, Plaintiff requests either: 1) that Defendant be prevented from introducing any evidence or calling any witnesses at trial; or 2) that the Court issue an adverse instruction that Defendant has made untruthful responses to Plaintiff’s di