Motion for Terminating Sanctions or, Alternatively, Issue or Evidentiary Sanctions
for Intentional Spoliation of Evidence
The court considered the motion, opposition, and reply.
Background
On March 28, 2017, plaintiff Akop Jack Ananyan (“Plaintiff”) filed a complaint for negligence and premises liability against defendants Sarkis Semizyan, Marine Semizyan, and Semizyan IV, LLC (collectively “Defendants”). Plaintiff alleges that on April 19, 2015 he was walking on a sidewalk when he was suddenly struck by falling palm tree fronds from Defendants’ property causing him injuries.
Trial is set for September 28, 2018.
LEGAL STANDARD
The Court may impose a terminating sanction, issue sanction, or evidence sanction against anyone engaging in conduct that is a misuse of the discovery process. (Code of Civ. Proc., § 2023, 030.) Misuse of the discovery process includes failure to respond to an authorized method of discovery or making an evasive response to discovery. (Code of Civ. Proc., §
Hearing Date
August 24, 2018
Type
Other PI/PD/WD (General Jurisdiction)
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Motion for Terminating Sanctions or, Alternatively, Issue or Evidentiary Sanctions
for Intentional Spoliation of Evidence
The court considered the motion, opposition, and reply.
Background
On March 28, 2017, plaintiff Akop Jack Ananyan (“Plaintiff”) filed a complaint for negligence and premises liability against defendants Sarkis Semizyan, Marine Semizyan, and Semizyan IV, LLC (collectively “Defendants”). Plaintiff alleges that on April 19, 2015 he was walking on a sidewalk when he was suddenly struck by falling palm tree fronds from Defendants’ property causing him injuries.
Trial is set for September 28, 2018.
LEGAL STANDARD
The Court may impose a terminating sanction, issue sanction, or evidence sanction against anyone engaging in conduct that is a misuse of the discovery process. (Code of Civ. Proc., § 2023, 030.) Misuse of the discovery process includes failure to respond to an authorized method of discovery or making an evasive response to discovery. (Code of Civ. Proc., §