Case Number: BC615181??? Hearing Date: February 07, 2017??? Dept: 98
OSWALDO CISNEROS, et al.,
Plaintiffs,
vs.
AHMC HEALTHCARE, INC. dba MONTEREY PARK HOSPITAL, et al.,
Defendants.
CASE NO: BC615181
[TENTATIVE] ORDER GRANTING DEFENDANTS? MOTIONS FOR TERMINATING SANCTIONSDept. 98
1:30 p.m.
February 7, 2017
On March 28, 2016, Plaintiffs Oswaldo Cisneros and Hector Cisneros (?Plaintiffs?) filed this action against Defendant AHMC Monterey Park Hospital, LP d/b/a Moneterey Park Hospital (?Defendant?) for medical negligence. On December 13, 2016, this Court granted Defendant?s Motions to compel Plaintiffs? responses to Defendant?s outstanding Form Interrogatories, Set One and ordered Plaintiffs to pay monetary sanctions. Plaintiffs have failed to provide the Court-ordered responses or monetary sanctions. Defendant therefore now moves for terminating and monetary sanctions.
The Court may impose a terminating sanction against anyone engaging in conduct that is a misuse of the discovery process. Cal. Code of Civ. Proc., ? 2023.030(d). Misuse of the discovery process includes failure to respond to an authorized method of discovery or disobeying a court order to provide discovery. Id., ?? 2023.010(d), (g). A terminating sanction may be imposed by an order dismissing part or all of the action. Id., ?? 2023.030(d)(3). ??Only two facts are absolutely prerequisite to imposition of the sanction: (1) there must be a failure to comply ? and (2) the failure must be willful.?? Liberty Mut. Fire Ins. Co. v. LcL Adm?rs, Inc. (2008) 163 Cal.App.4th 1093, 1102. Terminating sanctions should not be ordered lightly, but ?where a violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules, the trial court is justified in imposing the ultimate sanction.? Los Defensores, Inc. v. Gomez (2014) 223 Cal.App.4th 377, 390.
The Court finds that Plaintiffs have engaged in misuse of the discovery process both by failing to respond to Defendant?s discovery requests and by disobeying a court order to provide discovery. The Court concludes that anything less severe than a terminating sanction would not result in compliance. Further, there is no evidence suggesting that Plaintiffs? failure to comply with the Order was not willful. Therefore, Defendant?s unopposed Motions for terminating sanctions are GRANTED. Plaintiffs? Complaint is hereby ordered dismissed.
The Court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process pay the reasonable expenses, including attorney?s fees, incurred by anyone as a result of that conduct. Cal. Code of Civ. Proc. ? 2023.030(a). Defendant requests $960.00 in monetary sanctions against each Plaintiff, contending that one hour was spent preparing this Motion and one and one half hours will be spent preparing a reply and two hours will be spent appearing at the hearing, at a rate of $200.00 per hour. Defendant also incurred two $60.00 filing fees.
The Court finds one hour to prepare these unopposed Motions and one hour to appear at the hearing, along with the filing fees, to be sufficient to compensate Defendant. The Court therefore awards Defendant a total of $260.00 in monetary sanctions against Oswaldo Cisneros and $260.00 against Hector Cisneros. Sanctions are to be paid within thirty (30) days upon notice of this Order.
Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT98@lacourt.org as directed by the instructions provided on the court website. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion will be placed off calendar.
Dated this 7th day of February, 2017
Hon. Holly J. Fujie
Judge of the Superior Court