XIU YING ZHENG VS. JASON WONG ET AL
Notice Of Motion And Motion For Terminating Sanctions And Monetary Sanctions Against Plaintiff Xiu Ying Zheng
Motion type
Monetary amounts referenced
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Ruling
SF Superior Court - Law & Motion / Discovery Dept 301 - CGC25628677 - August 18, 2026 Hearing date: August 18, 2026 Case number: CGC25628677 Case title: XIU YING ZHENG VS. JASON WONG ET AL Case Number: | | CGC25628677 | Case Title: | | XIU YING ZHENG VS. JASON WONG ET AL | Court Date: | | 2026-08-18 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion For Terminating Sanctions And Monetary Sanctions Against Plaintiff Xiu Ying Zheng | Rulings: | | On the Law and Motion / Discovery calendar for August 18, 2026, line 9. DEFENDANTS' Motion For Terminating Sanctions And Monetary Sanctions Against Plaintiff Xiu Ying Zheng.
The unopposed motion by defendants Jamson Wong, Daniel Wong, and Wai Soo Ho for terminating sanctions and monetary sanctions is denied but the court orders alternative relief. There has been one previous discovery motion in this case; the court granted defendants' motion for an order deeming admitted the matters specified in their requests for admission. Defendants have not previously sought an order compelling plaintiff to respond to their interrogatories or requests for production served on January 29, 2026.
Failure to pay discovery sanctions is not a basis for terminating sanctions. A sanction ordered by the court is immediately enforceable through the execution-of-judgment laws. (Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.) There is no discovery-motion remedy for a failure to pay discovery sanctions. (Id.) A party generally may not receive terminating sanctions as a first remedy for a failure to respond to discovery. Rather, the party must first seek a court order compelling a response. (See Ruvalcaba v. Government Employees Ins. Co. (1990) 222 Cal.App.3d 1579, 1584.)
The court denies defendants' request for terminating sanctions but orders plaintiff to respond to the form interrogatories, set one, and requests for production of documents, set one, attached as Exhibit B to the Sanchez Declaration, within two weeks of notice of entry of this order. The court further finds that plaintiff's failure to submit to authorized methods of discovery is a misuse of the discovery process and orders plaintiff to pay $2000 in reasonable sanctions to defendants within 30 days of notice of entry of this order.
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