Baldwin v. American Honda Motor Co., Inc.

disobeying direct court orders. (Civ. Proc. Code §§ 2023.010 and 2023.030.)

Although discovery sanctions are typically meted out sparingly or in an incremental approach (Dep't of Forestry & Fire Prot. v. Howell (2017) 18 Cal. App. 5th 154, 191-92), the court has considered the totality of the circumstances in this instance and finds the actions of Defendant and her counsel are willful, to the detriment of Plaintiff, and that multiple informal attempts to resolve the issues were not successful. (Los Defensores, Inc. v. Gomez (2014) 223 Cal. App. 4th 377, 390.) In addition to the above, as prior monetary sanctions and the responses to requests for admission being deemed as admitted did not dissuade Defendant from additional discovery abuses, the court finds the request for terminating sanctions to be appropriate here.

Plaintiff’s request the court strike Defendant’s answer is granted. Plaintiff’s request for monetary sanctions against both Defendant and her counsel of record is also granted in the reduced amount of $1,400 ($400/hr. x 3.5 hrs.) as no opposition or reply briefs were filed. Monetary sanctions are due within 15 days of written notice of the ruling.

The court orders that Defendant’s answer is hereby struck.

Plaintiff’s counsel is ordered to give notice of the ruling, and to prepare a request for entry of default which the court will sign upon receipt. 9 Baldwin v. O/C American Honda Motor Co., Inc. 10 Sandler v. Before the Court is the demurrer (ROA 53) and motion to strike General (ROA 54) filed by defendant General Motors LLC (Defendant) Motors, LLC directed to the first amended complaint (FAC) of plaintiffs Shelly Sandler and Dani Sandler (collectively, Plaintiffs). For the reasons set forth below, the demurrer is SUSTAINED without leave to amend. The motion to strike is GRANTED without leave to amend.

Defendant shall file an answer to the FAC within 20 days.

Demurrer

Defendant demurs to the fifth cause of action for Fraudulent Inducement-Concealment in the FAC. Although Plaintiffs initially filed a substantive opposition to the demurrer to the FAC, on May 4, 2026, Plaintiffs filed a notice of non-opposition to the demurrer, in which Plaintiffs state they do not oppose the demurrer to the fifth cause of action in the FAC for fraudulent inducement by concealment. (See ROA 106.)