2017-00211194-CU-PA
Kimiko Charlyn Tagawa vs. Charlie Lee
Nature of Proceeding: Motion for Terminating Sanctions
Filed By: Halladay, Richard W.
Defendants Charlie Lee and Jessica Yang’s (collectively “Defendants”) motion for terminating sanctions is DENIED.
On 11/27/2018, the Court granted Defendants’ unopposed motion to compel Plaintiff Kimiko Tagawa’s responses to special interrogatories and request for production of documents. Plaintiff was directed to serve verified responses, without objections, by no later than 12/18/2018. Plaintiff did not serve responses.
Defendants now move for terminating sanctions based on Plaintiff’s violation of the Court’s order.
In opposition, Plaintiff’s counsel explains that he lost contact with Plaintiff prior to the time when she was required to respond to the discovery. His office attempted to reach her numerous times, but was unsuccessful. He was finally able to reach her on January 15, 2019. Plaintiff has now served the responses to the discovery.
The motion is denied since the Court cannot conclude that Plaintiff’s failure to respond
was willful. Additionally, terminating sanctions should generally not be imposed until the Court has attempted less severe alternatives and found them to be unsuccessful and/or the record clearly shows lesser sanctions would be ineffective. (Lopez v.
Watchtower Bible and Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604-605.)
The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.