1-25 of 413 results

HUGO MILARDI VS DEJAN DEBELJAK ET AL

...Los Angeles City Express Delivery Co. MOTION FOR TERMINATING SANCTIONS AGAINST DEFENDANT DEJAN DEBELJAK FOR FAILURE TO COMPLY WITH THE COURT’S ORDER OF JULY 2, 2019 AND FOR A FURTHER AWARD OF MONETARY SANCTIONS IN THE SUM OF $961.65 MOVING PARTY: Plaintiff Hugo Milardi RESPONDING PARTY(S): No opposition filed, but Defendant Dejan Debeljak filed responses to form and special interrogatories (set one of each...

... sanctions. TENTATIVE RULING: Plaintiff Hugo Milardi’s motion for terminating sanctions against Defendant Dejan Debeljak for failure to comply with the Court’s order of July 2, 2019 is DENIED. Plaintiff’s request for sanctions in the sum of $961.65 for attorney’s fees and costs relating to this motion is DENIED. DISCUSSION: Motion for Terminating Sanctions Plaintiff seeks terminating sanctions and monetary sanctions agai...

  • Hearing

    Oct 3, 2019

  • Type

    Civil Rights/Discrimination (General Jurisdiction)

AMY ALICE KENNEY VS FLOWER BUYER

...2023.010; CCP § 437c) TENTATIVE RULING: Defendant Flower Buyer’s Motion for Terminating and Monetary Sanctions Against Plaintiff Alice Kenney is GRANTED AS TO TERMINATING SANCTIONS AND DENIED AS TO MONETARY SANCTIONS. THE COURT HEREBY DISMISSES THE COMPLAINT WITH PREJUDICE. Defendant Flower Buyer’s Motion for Summary Judgment, or in the alternative, Summary Adjudication, is PLACED OFF CALENDAR. ANALYSIS: Plaint...

... Sanctions. (Minute Order, dated 10/21/19.) On November 5, 2019, Plaintiff filed a Motion for Summary Judgment, or in the alternative, Summary Adjudication. Plaintiff filed the instant motion for terminating sanctions on November 21, 2019. To date, no opposition has been filed. The Motion for Summary Judgment, or in the alternative, Summary Adjudication was initially set to be heard on January 21, 2020, then conti...

  • Hearing

    Jan 22, 2020

  • Type

    Other Breach of Contract/Warranty (not fraud or negligence) (Limited Jurisdiction)

JUAN CONTRERAS VS WAL-MART STORES INC ET AL

[TENTATIVE] ORDER RE: DEFENDANT WAL-MART STORES, INC.’S MOTION FOR TERMINATING SANCTIONS, and DEFENDANTS M. PERNECKY MANAGEMENT CORP. AND MCDONALD’S RESTAURANTS OF CALIFORNIA, INC.’S MOTION FOR TERMINATING SANCTION BACKGROUND On April 2, 2018, Plaintiff Juan Contreras (“Plaintiff”) file...

...fall that occurred on May 19, 2016. On July 25, 2019, Defendant Walmart filed a motion for terminating sanctions. On July 31, 2019, Defendants M. Pernecky and McDonald’s also filed a motion terminating sanctions. Plaintiff did not file any oppositions. LEGAL STANDARD Where a party fails to obey an order compelling answers to discovery, “the court may make those orders that are just, including the imposition...

  • Hearing

    Aug 27, 2019

  • Type

    Premises Liability (e.g.slip & fall) (General Jurisdiction)

ROGER LEE HARRISON VS TAYLOR HACKFORD ET AL

Roger Lee Harrison v. Taylor Hackford, et al. (1) MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS; (2) & (3) JOINDERS MOVING PARTY: (1) Defendants/Cross-Complainants Taylor Hackford, Anvil Films, LLC, Edwin, Inc. and Hershey Felder; (2) Defendant Vanessa Stewart; (3) Defendant Jack Broder (in ...

...and Defendant Jack Broder (in pro per) each filed “Joinders.” TENTATIVE RULING: Defendants/Cross-Complainants Taylor Hackford, Anvil Films, LLC, Edwin, Inc. and Hershey Felder’s motion for terminating sanctions is GRANTED in part as against Harrison in his capacity as Plaintiff only. Plaintiff Harrison’s Complaint is ordered stricken only as to Defendants Taylor Hackford, Anvil Films, LLC, Edwin, Inc. and He...

  • Hearing

    Jun 30, 2017

  • Type

    Contract - Tortious Interference (General Jurisdiction)

AMGUARD INSURANCE COMPANY VS. T K ENGINEERING CO

Amguard Insurance Co. v T K Engineering MOTION FOR TERMINATING SANCTIONS Calendar: 9 Case No: EC067240 Hearing Date: 3/8/19 Action Filed: 8/29/17 Trial: 5/6/19 MP: Plaintiff Amguard Insurance Company RP: Defendants T K Engineering Co and Taehun Kang BACKGROUND: Pl...

...Court for an order imposing terminating sanctions, striking, Defendants’ answer, and entering judgment in favor of Plaintiff. Alternatively, Plaintiff seeks issue, evidence sanctions, and/or monetary sanctions against Defendants. DISCUSSION: Relevant Procedural Background Plaintiff previously moved for terminating, issue, evidence, and/or monetary sanctions against Defendants, based on Defendants failure...

  • Hearing

    Mar 8, 2019

  • Type

    Ins Coverage (not Complex) (General Jurisdiction)

THE HERTZ CORPORATION VS DUARTE, MARGARITA

...are CONTINUED to November 15, 2018 at 8:30 a.m. in Department 94. Plaintiff may move to reopen discovery. Plaintiff may also file and serve supplemental papers in support of its Motion for Terminating Sanctions. I. Background On February 21, 2017, Plaintiff The Hertz Corp. (“Plaintiff”) filed this breach-of-contract action against Defendants Margarita Duarte and Jorge Duarte. On September 13, 2017, the Cou...

...Order.) On August 6, 2018, Plaintiff filed a Motion for Terminating Sanctions against Jorge Duarte and a Motion to Compel Defendant’s Margarita Duarte’s Responses to Form Interrogatories and to Request for Sanctions (the “Motion to Compel”). II. Motion to Compel “Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th...

  • Hearing

    Sep 18, 2018

  • Type

    BREACH OF CONTRACT (Limited Jurisdiction)

CINDY CONTRERAS VS ARAKELOV ANDRANIK

Motion for Terminating Sanctions Having considered the moving papers, the Court rules as follows. No opposing papers were filed. BACKGROUND On June 21, 2018, Plaintiff Cindy Contreras (“Plaintiff”) filed a complaint against Defend...

...REQUESTS Defendant asks the Court to impose terminating sanctions against Plaintiff for Plaintiff’s failure to comply with the Court’s October 3, 2019 order. Defendant also asks the Court to impose $360 in monetary sanctions against Plaintiff for bringing this motion. LEGAL STANDARD If a party fails to comply with a court order compelling a further response to a request for production, the court may impose monetary, iss...

  • Hearing

    Feb 13, 2020

  • Type

    Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)

TIFFANY WYSINGER VS CHRISTOPHER DEMENNO

...1:30 p.m. [Tentative] Order RE: Motion for monetary and terminating sanctions against plaintiff MOVING PARTY: Defendant Christopher Demenno RESPONDING PARTY: None Motion for Monetary and Terminating Sanctions Against Plaintiff The court considered the moving papers. No opposition was filed. Background On March 1, 2016, Tiffany Wysinger filed a complaint against Christopher Demenno for motor vehicle negl...

...plaintiff Tiffany Wysinger. If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. CCP § 2025.450(h) (depositions); § 2030.290(c) (interrogatories); § 2031.300(c) (demands for production of documents). Code of Civil Procedure § 2023.030 provides that, “[t]o the extent authorized by...

  • Hearing

    May 2, 2017

  • Type

    Motor Vehicle - PI/PD/WD (General Jurisdiction)

HEVER NUNEZ FLORES VS ROSARIO G LUIS ET AL

Hever Nunez-Flores v. Rosario G. Luis, et al. MOTION FOR TERMINATING OR EVIDENCE SANCTIONS AND FOR MONETARY SANCTIONS MOVING PARTY: Plaintiff Hever Nunez Flores RESPONDING PARTY(S): No opposition filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an individual (not class action) wage and hour action, ...

...moves for terminating or evidence sanctions and for monetary sanctions against Defendants Rosario G. Luis and Maria Robo Luis. TENTATIVE RULING: Plaintiff Hever Nunez Flores’ motion for terminating sanctions is GRANTED. Defendants Rosario G. Luis and Maria Robo Luis’s answer is hereby ordered stricken and their default entered. Plaintiff shall submit a default judgment prove-up package. Given the totali...

  • Hearing

    Oct 25, 2018

  • Type

    Other Employment Complaint (General Jurisdiction)

IRMA ESCOBAR VS WELLS FARGO BANK ET AL

Defendants Wells Fargo Bank, N. A. and Federal National Mortgage Association’s motion for terminating sanctions is GRANTED as discussed below. On August 9, 2013, Plaintiff Irma Escobar filed the instant action against Defendants Wells Fargo Bank, N. A. (“Wells Fargo”), Federal National Mortgage Association (“F...

...and Fannie Mae’s (“Defendants”) motion to compel Plaintiff’s Responses to Wells Fargo's Requests for Production Numbers 10-24. On January 31, 2019, Defendants filed the instant motion for terminating sanctions against Plaintiff for an alleged violation of that order. On February 20, 2019, Plaintiff filed a declaration apparently in response to this issue. Former counsel for Plaintiff also filed a declaratio...

  • Hearing

    Mar 27, 2019

  • Type

    Contractual Fraud (General Jurisdiction)

BERTHA CASTILLO VS RALPHS GROCERY COMPANY ET AL

Motion for Terminating Sanctions to Dismiss or, in the Alternative, Issue and Evidence Sanctions Having considered the moving papers, the Court rules as follows. No opposition was filed. BACKGROUND On October 2, 2017, Plaintiff Bertha Castillo (“Plaintiff”) filed a complaint against Defendant ...

...Defendant’s motion to compel Plaintiff to submit to a medical examination. On September 26, 2019, Defendant filed the instant motion for terminating sanctions or, in the alternative, issue and evidentiary sanctions. No opposition was filed. Trial is set for December 17, 2019. PARTY’S REQUESTS Defendant requests that this Court grant terminating sanctions by dismissing Plaintiff’s complaint on grounds that Pla...

  • Hearing

    Oct 31, 2019

  • Type

    Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)

RANCHO VERACRUZ CONDOMINIUM ASSOCIATION V. ANTER

The court rules as follows on Plaintiff’s motion for terminating sanctions – Facts/Overview: This is dispute between a common interest development and i’s member for the member’s failure to pay assessments. Plaintiff is the homeowner’s association for a condominium common in...

...disobedience is not required for the court to impose terminating sanctions, “only a failure to obey a court order. CCP §§2023.030 (b)-(d); 2030.290(c); 2031.300(c). The motion is unopposed. Analysis: Terminating Sanctions Disobeying a court order is a “misuse of the discovery process”, for which a broad range of sanctions is provided. CCP §2023.010(g). Available sanctions include contempt, issue and evidentiary sanctio...

  • Hearing

    May 8, 2019

NATIONAL COMMERCIAL RECOVERY INC VS BAIN DISTRIBUTORS INC ET

SUBJECT: Motion for Terminating Sanctions Moving Party: Plaintiff National Commercial Recovery, Inc. Resp. Party: Defendants Alfred and Enriqueta Lares Plaintiff’s motion for terminating sanctions is DENIED. PRELIMINARY COMMENTS: The Cou...

...that Plaintiff did not inform the Court that the defendants against whom it is seeking terminating sanctions are unrepresented by counsel. This is clearly relevant, since in order to impose terminating sanctions, the Court must ordinarily find that the failure to comply with the Court’s order was willful. As indicated below, to the pro per litigant, “interrogatories, requests for admissions, law and motion pr...

  • Hearing

    Jun 27, 2019

  • Type

    Other Promissory Note/Collections Case (General Jurisdiction)

STANLEY ELLIS MCMILLAN VS TRADER JOES COMPANY

CASE NO.: BC675599 MOVING PARTY: Defendant Trader Joe’s Company RESPONDING PARTY: None Motion for Order Imposing Terminating Sanctions The court considered the motion. No opposition was filed. On September 13, 2017, Stanley Ellis McMillan filed a complaint against Trader Joe’s Company for premises liability and general negligence b...

...that the court impose a terminating sanction against plaintiff for plaintiff’s failure to comply with the court’s orders dated August 16, 2018. In the alternative, defendant requests evidentiary or issue sanctions and further monetary sanctions. If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminat...

  • Hearing

    Dec 13, 2018

  • Type

    Premises Liablty (e.g. slip & fall (General Jurisdiction)

RAFAEL MORALES SALGADO VS CITY OF LOS ANGELES ET AL

Motion for Order of Terminating Sanctions The court considered the motion. No opposition was filed. On August 9, 2017, plaintiff Rafael Morales Salgado filed a complaint against defendant City of Los Angeles (“City”) for dangerous condition...

... sanctions in the amount of $400.00. If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. CCP §2025.450(h) (depositions); §2030.290(c) (interrogatories); §2031.300(c) (demands for production of documents). CCP §2023.030 provides that, “[t]o the extent authorized by the chapter governing a...

  • Hearing

    Jan 23, 2019

  • Type

    Personal Injury/Property Damage/Wrongful Death - Uninsured Motorist (General Jurisdiction)

TERESA LEBRON ET AL VS AUGUST JOHNSON ET AL

Defendants Wells Fargo Bank, N. A. and Federal National Mortgage Association’s motion for terminating sanctions is GRANTED as discussed below. On August 9, 2013, Plaintiff Irma Escobar filed the instant action against Defendants Wells Fargo Bank, N. A. (“Wells Fargo”), Federal National Mortgage Association (“F...

...and Fannie Mae’s (“Defendants”) motion to compel Plaintiff’s Responses to Wells Fargo's Requests for Production Numbers 10-24. On January 31, 2019, Defendants filed the instant motion for terminating sanctions against Plaintiff for an alleged violation of that order. On February 20, 2019, Plaintiff filed a declaration apparently in response to this issue. Former counsel for Plaintiff also filed a declaratio...

  • Hearing

    Mar 27, 2019

  • Type

    Motor Vehicle - PI/PD/WD (General Jurisdiction)

FARMERS INSURANCE EXCHANGE V. ROBERT CERVANTEZ, ET AL.

...Defendant’s answer, Plaintiff is apparently seeking a terminating sanction pursuant to the Civil Discovery Act and the motion should have been framed as such. Plaintiff also requests an award of monetary sanctions. As a preliminary matter, Plaintiff is admonished for the disorganized presentation of its motion. The motion consists of a single document with five numbered pages. The first two pages consist of th...

...last name as “Cervantes” throughout the motion. Plaintiff’s counsel should exercise greater care in presenting papers to the Court. The sole legal authority cited in support of Plaintiff’s request for a terminating sanction is Code of Civil Procedure sections 2023.010 and 2023.030, subdivision (d). Neither of these statutes are independent enabling authorities for the relief sought. Section 2023.010 merely descr...

  • Hearing

    Mar 29, 2018

ELVIRA VILLANUEVA VS MEB FAMILY LIMITED PARTNERSHIP #2

... SANCTIONS Defendant MEB Family Limited Partnership, #2 seeks a terminating or issue sanction “for Plaintiff’s continued discovery abuses and failure to comply with this Court’s previous order to pay monetary sanctions.” The motion is DENIED. On June 13, 2017, this Court granted Defendant’s motion to compel and sanctioned Plaintiff and her counsel of record, joint and severally, in the amount of $1,230. Plaintiff, ...

...claim. Based on the forgoing, Defendant seeks a terminating or issue sanction. If a party fails to obey an order compelling answers or further answers to interrogatories, the court may impose whatever sanctions are just, including: - Issue sanction--ordering that designated facts be "taken as established" against the party guilty of discovery misuse, or the Court may prohibit the party who committed such mi...

  • Hearing

    Aug 21, 2017

  • Type

    Other PI/PD/WD (General Jurisdiction)

ROBERT GLEN BATCHKO ET AL VS STEPHEN HOMER DAY

Motion for Terminating Sanctions Against Plaintiffs, or in the Alternative, Issue and/or Evidentiary Sanctions Against Plaintiffs and Request for Monetary Sanctions The court considered the moving papers. No opposition has been filed. On January 31, 2018, Plaintiffs Robert Glen Batchko, Kimberly Batchko, and Maxwell Batchko (“Plaintiffs”) filed a complaint agai...

...in the amount of $1,800.00. If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. (Code Civ. Proc., §2025.450(h) (depositions); §2030.290(c) (interrogatories); §2031.300(c) (demands for production of documents).) CCP §2023.030 provides that, “[t]o the extent authorized by the chap...

  • Hearing

    Apr 4, 2019

  • Type

    Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)

FRANCISCO LOPEZ GARCIA ET AL VS GEVORK BOULATIAN ET AL

...RE: Motion for terminating sanctions and for monetary sanctions MOVING PARTY: Defendants Gevork Boulatian and Misak Boulatian RESPONDING PARTY: None Motion for Terminating Sanctions and for Monetary Sanctions The court considered the moving papers. No opposition was filed. Background On December 11, 2015, plaintiffs Francisco Lopez Garcia and Misael Lopez-Garcia filed a complaint against defendants Gevo...

...23, 2017 and January 24, 2017. If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. CCP § 2025.450(h) (depositions); § 2030.290(c) (interrogatories); § 2031.300(c) (demands for production of documents). Code of Civil Procedure § 2023.030 provides that, “[t]o the extent authorized by...

  • Hearing

    Apr 26, 2017

  • Type

    Motor Vehicle - PI/PD/WD (General Jurisdiction)

EVANGELINA CASTRO VS RUBEN DAVID PETRUESCU

Castro, et al. v. Petruescu, et al. Defendant Ruben David Petruescu’s Motion for Monetary and Terminating Sanctions is CONTINUED to February 13, 2019 at 8:30 a.m. in Department 94. Defendant to file and serve supplemental papers to satisfy CRC 3.1345(a), (c) and CCP § 2023.040 by January 25, 2019. The Court will no...

...obeyed. 3. An order dismissing the action, or any part of the action, of that party. 4. An order rendering a judgment by default against that party.” (CCP § 2023.030(d).) The Court may impose terminating sanctions against anyone engaging in conduct that is a misuse of the discovery process. (Id.) Misuse of the discovery process includes failure to respond to an authorized method of discovery or disobeying a cou...

  • Hearing

    Jan 17, 2019

  • Type

    Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (Limited Jurisdiction)

JERRY MIKISKA VS CHRISTOPHER FOSTER

Motion for Terminating Sanctions The court considered the moving papers. No opposition was filed. BACKGROUND On October 24, 2017, plaintiff Jerry Mikiska (“Plaintiff”) filed a complaint against defendant Christopher Foster (“Defen...

...general negligence arising from a vehicle collision that occurred on January 16, 2016. Trial is set for April 24, 2019. PARTY’S REQUEST Defendant requests this court for an order granting terminating sanctions by dismissing Plaintiff’s complaint with prejudice for Plaintiff’s failure to follow a November 6, 2018 court order. LEGAL STANDARD If a party fails to comply with a court order compelling a respons...

  • Hearing

    Mar 21, 2019

  • Type

    Motor Vehicle - PI/PD/WD (General Jurisdiction)

JESUS CANO VS BLUEFIN FISH INC ET AL

...RESPONSES TO PLAINTIFF’S FORM INTERROGATORIES – GENERAL (SETS ONE AND TWO), FORM INTERROGATORIES – EMPLOYMENT LAW (SET ONE), SPECIAL INTERROGATORIES (SET ONE), REQUESTS FOR PRODUCTION (SET ONE) AND PAYMENT OF SANCTIONS IN THE AMOUNT OF $2720; REQUEST FOR TERMINATING AND MONETARY SANCTIONS AGAINST DEFENDANT JEE SOOK PARK IN THE AMOUNT OF $5,655 MOVING PARTY: Plaintiff Jesus Cano RESPONDING PARTY(S): No opposition f...

...filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an individual wage and hour action. Plaintiff moves to enforce the Court’s previous order compelling discovery responses and previous award of sanctions against Defendant Jee Sook Park. Plaintiff also requests terminating and monetary sanctions against Jee Sook Park in the amount of $5,655 (which includes the previous award of $2,720 that remains unpa...

  • Hearing

    Aug 8, 2019

  • Type

    Other Employment Complaint Case (General Jurisdiction)

SARINA TOUNIAN ET AL VS STATE FARM MUTUAL AUTOMOBILE INSURAN

MOVING PARTY: Respondent State Farm Mutual Automobile Insurance Co. RESPONDING PARTY: None Motion for Terminating Sanctions The court considered the moving papers. No opposition was filed. BACKGROUND On May 26, 2017, respondent State Farm Mutual Automobile Insurance Company (“State Farm”) filed a petition to commence di...

...to release medical records). If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. CCP § 2025.450(h) (depositions); § 2030.290(c) (interrogatories); § 2031.300(c) (demands for production of documents). CCP § 2023.030 provides that, “[t]o the extent authorized by the chapter governi...

  • Hearing

    Oct 13, 2017

  • Type

    Motor Vehicle - PI/PD/WD (General Jurisdiction)

DARNELL HOLMES VS DEREK MURRAY

Motion for Terminating Sanctions Having considered the moving and untimely opposing papers, the Court rules as follows. No reply was filed. BACKGROUND On September 16, 2016, plaintiff Darnell Holmes (“Plaintiff”) filed a complaint...

...for terminating sanctions for a failure to obey an August 13, 2018 Court order compelling discovery responses. On April 18, 2019, the Court continued the hearing on Plaintiff’s motion for terminating sanctions to July 9, 2019 due to Defendant’s failure to file an opposition, request for consideration of late opposition, and declaration in support of the opposition. Trial is not set in this matter. PARTY’S...

  • Hearing

    Jul 9, 2019

  • Type

    Motor Vehicle - PI/PD/WD (General Jurisdiction)

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