The court grants Defendants Emeritus at Yorba Linda and Defendant Brookdale Yorba Linda?s Motion for Terminating Sanctions. Plaintiff?s case is dismissed with prejudice.? Defendants are to file a proposed order of dismissal for the court?s signature.
In extreme situations, like this one, terminating sanctions are warranted. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 996 [abuse of discretion to deny terminating sanctions for serious discovery abuse when at time of trial, the party had still not complied with four prior discovery orders]; Crawford v. JPMorgan Chase Bank, N.A. (2015) 242 Cal.App.4th 1265, 1271; Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796.)
Here, trial is scheduled for May 1, 2017. Plaintiffs have failed to respond to any discovery in this case, making trial nearly impossible.? Defendants served their discovery on April 18, 2016 and July 28, 2016, and have never received any type of response.
On August 19, 2016, while Plaintiffs were still represented by counsel, the court granted Defendant Brookdale Yorba Linda’s Motions to Compel initial responses to Special Interrogatories, Sets One, Form Interrogatories, Sets One, and Requests for Production of Documents, Sets One. The court ordered Plaintiffs Michael Mosier and Steve Mosier ?to provide verified responses without objections to these requests within 60 days of notice of this ruling.?? The court also ordered Plaintiffs to pay sanctions in the amount of $1,085 to Lewis Brisbois Bisgaard & Smith LLP, within 60 days of notice of ruling.? Defendants served a Notice of Ruling on the same day. Plaintiffs failed to provide responses as ordered. Plaintiffs also failed to pay sanctions are ordered.
Then, on December 5, 2016, the court granted Defendants Emeritus at Yorba Linda and Brookdale Yorba Linda?s Motions to Compel Plaintiffs’ responses to form interrogatories, set two, and deemed Defendants’ requests for admissions, set one, admitted. Plaintiffs were ordered ?to serve verified responses, without objections, to Defendants’ second set of form interrogatories within 20 days of the notice of ruling.? The court also ordered Plaintiffs to pay sanctions in the amount $550 each. Each Plaintiff was ordered to pay Lewis Brisbois Bisgaard & Smith LLP within 30 days of the notice of ruling. Defendants served a Notice of Ruling on December 7, 2016. Plaintiffs failed to provide responses as ordered. Plaintiffs again failed to pay sanctions are ordered.
There is no evidence that Plaintiffs were unaware of the prior orders.? To the contrary they received notice either through counsel or directly once counsel withdrew. Given the circumstances, the court dismisses this case with prejudice. The court declines to award the monetary sanctions requested by Defendants, as the terminating sanctions suffice.
The hearing on the motion for summary judgment and the trial are hereby vacated.
Defendants shall give notice of the ruling.