Vann et al. v. Giles
Defendant’s Motion for Terminating Sanctions for Failure to Obey Court Orders and for Monetary Sanctions filed on 9/30/19 is DENIED without prejudice.
On 7/31/19, the Court granted Defendant’s motions to compel Plaintiffs’ responses to discovery. Motion, Ex. A. Plaintiffs were ordered to provide verified responses within 30 days and pay sanctions of $1,200 to Defendant. Id. Defendant served a Notice of Ruling on Plaintiffs on 7/31/19. Id. Plaintiffs did not comply with the Court’s order. Declaration of Elizabeth Chidi, ¶ 9.
Defendant now seeks terminating sanctions. The Court is extremely troubled by Plaintiffs’ failure to comply with the Court’s order. However, “terminating sanctions are to be used sparingly because of the drastic effect of their application.” Department of Forestry & Fire Protection v. Howell (2017) 18 Cal. App. 5th 154, 191-92.
Hearing Date
February 06, 2020
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Vann et al. v. Giles
Defendant’s Motion for Terminating Sanctions for Failure to Obey Court Orders and for Monetary Sanctions filed on 9/30/19 is DENIED without prejudice.
On 7/31/19, the Court granted Defendant’s motions to compel Plaintiffs’ responses to discovery. Motion, Ex. A. Plaintiffs were ordered to provide verified responses within 30 days and pay sanctions of $1,200 to Defendant. Id. Defendant served a Notice of Ruling on Plaintiffs on 7/31/19. Id. Plaintiffs did not comply with the Court’s order. Declaration of Elizabeth Chidi, ¶ 9.
Defendant now seeks terminating sanctions. The Court is extremely troubled by Plaintiffs’ failure to comply with the Court’s order. However, “terminating sanctions are to be used sparingly because of the drastic effect of their application.” Department of Forestry & Fire Protection v. Howell (2017) 18 Cal. App. 5th 154, 191-92.