Defendant Wells Fargo Bank and U.S. National Bank move for terminating sanctions based upon Plaintiff’s failure to comply with a discovery order. Plaintiff failed to respond to discovery propounded by Wells Fargo Bank. A motion to compel responses and to deem requests for admissions admitted was filed. Plaintiff failed to oppose the motion. An order compelling responses and awarding sanctions was issued. The current motion for terminating sanctions states that, to date, Plaintiff has failed to comply with the Court’s order. The motion for terminating sanctions has been timely served and no opposition has been filed. The current motion further requests that terminating sanctions be issued in favor of Co- Defendant U.S. Bank, even though it did not propound the discovery.
We believe the answer to the question whether a non-propounding party can benefit from the sanction awarded a propounding party is not to be found in the ambiguous statutory language of sections 2025.480, 2030.300 or 2
Hearing Date
September 02, 2015
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Defendant Wells Fargo Bank and U.S. National Bank move for terminating sanctions based upon Plaintiff’s failure to comply with a discovery order. Plaintiff failed to respond to discovery propounded by Wells Fargo Bank. A motion to compel responses and to deem requests for admissions admitted was filed. Plaintiff failed to oppose the motion. An order compelling responses and awarding sanctions was issued. The current motion for terminating sanctions states that, to date, Plaintiff has failed to comply with the Court’s order. The motion for terminating sanctions has been timely served and no opposition has been filed. The current motion further requests that terminating sanctions be issued in favor of Co- Defendant U.S. Bank, even though it did not propound the discovery.
We believe the answer to the question whether a non-propounding party can benefit from the sanction awarded a propounding party is not to be found in the ambiguous statutory language of sections 2025.480, 2030.300 or 2