Ayala v. Clark et al.
Defendants’ Motion for an Order Imposing Terminating Sanctions, Including Dismissal of Plaintiff’s Complaint and Request for Sanctions is DENIED.
On 2/24/2020, the Court ordered Plaintiff to pay $930 in sanctions for costs and fees incurred by Defendants, who filed three motions to compel responses to written discovery. Because responses were provided prior to the hearing, the request for an order to provide responses was denied as moot.
Defendants now seek terminating sanctions because Plaintiff has not paid the sanctions. Defendants’ motion is wholly without merit and is indeed frivolous. The order imposing sanctions is enforceable through the execution of judgment laws, not through a further sanctions order. The law is clear that terminating sanctions for failure to pay monetary sanctions is “never justified.” (Newland v. Superior Court (1995) 40 Cal. App. 4th 608, 614.)
Moving party is ordered to give notice.
Hearing Date
August 17, 2020
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Ayala v. Clark et al.
Defendants’ Motion for an Order Imposing Terminating Sanctions, Including Dismissal of Plaintiff’s Complaint and Request for Sanctions is DENIED.
On 2/24/2020, the Court ordered Plaintiff to pay $930 in sanctions for costs and fees incurred by Defendants, who filed three motions to compel responses to written discovery. Because responses were provided prior to the hearing, the request for an order to provide responses was denied as moot.
Defendants now seek terminating sanctions because Plaintiff has not paid the sanctions. Defendants’ motion is wholly without merit and is indeed frivolous. The order imposing sanctions is enforceable through the execution of judgment laws, not through a further sanctions order. The law is clear that terminating sanctions for failure to pay monetary sanctions is “never justified.” (Newland v. Superior Court (1995) 40 Cal. App. 4th 608, 614.)
Moving party is ordered to give notice.