Westlake Services, LLC v. Richland Motors, Inc., et al.

CASE NUMBER: 25NWLC14050 NOTICE: OK PROCEEDINGS: MOTION FOR ORDER FOR TERMINATING SANCTIONS, STRIKING DEFENDANT'S ANSWER AND ENTERING DEFAULT; REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $1,873.82 MOVING PARTY: Plaintiff Westlake Services, LLC RESP. PARTY: None MOTION FOR TERMINATING SANCTIONS (Code Civ. Proc., Sec.Sec. 2023.030, 2030.290, 2031.320) TENTATIVE RULING: The Court GRANTS Westlake Services, LLC's motion for terminating sanctions. The Court STRIKES Marusa's answer, and he is now in default. The Court also awards Westlake $1,873.82 in monetary sanctions. Westlake is to give notice.

SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP Sec.Sec. 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP Sec.Sec. 12c, 1005(b)) OK OPPOSITION: None filed as of August 19, 2026 [] Late [X] None REPLY: None filed as of August 19, 2026 [] Late [X] None

ANALYSIS: Richard Marusa guaranteed a contract between Westlake Services, LLC and Richland Motors, Inc. Richland breached the contract, so Westlake sued Richland and Marusa. Richland defaulted, Marusa answered, and Westlake propounded discovery. Marusa failed to provide satisfactory responses to its discovery requests, so Westlake moved successfully to compel those responses.

On February 5, 2026, this Court granted Westlake's motion and ordered Marusa to pay Westlake $1,345.50 in sanctions. The sanctions were to be paid within 30 days, but the Court's order omitted a deadline for Marusa to provide the required discovery responses. Marusa neither provided discovery responses nor paid Westlake the $1,345.50 that the Court ordered.

Westlake therefore moved for terminating sanctions in April 2026. The Court granted the motion in part, ordering Marusa to respond to the outstanding discovery requests within 20 days of the May 28, 2026 order, immediately pay Westlake the $1,345.50 previously ordered, and pay additional sanctions in the amount of $1,873.82 payable within 30 days of the order. The Court warned Marusa if he failed to comply that "he likely faces the imposition of terminating sanctions."

The Court's Judicial Assistant and Westlake provided notice of the ruling to Marusa, and as of now, Marusa has neither provided discovery responses nor paid Westlake the total of $3,219.32 that the Court ordered. Westlake therefore again moves to have Marusa's answer stricken and his default entered. Westlake also requests monetary sanctions for having to file this motion. Marusa has not opposed the motion or given any indication of compliance with the previous order--or interest in defending himself in this matter.

A court has the power to impose monetary, evidence, issue, or terminating sanctions on a party who fails to respond to discovery or fails to obey a court order to provide discovery. (Code Civ. Proc., Sec. 2023.010, subds. (d), (g); id. Sec. 2023.030, subds. (a)-(d).)

Terminating sanctions are often appropriate only as a last resort, either when a party fails to respond to escalating measures of coerced compliance or when its discovery misconduct is so bad that lesser sanctions would have the Court and the party seeking discovery running a fool's errand. (City of Los Angeles v. PricewaterhouseCoopers, LLP (2024) 17 Cal.5th 46, 63; Lopez v. Watchtower Bible & Tract Society of N.Y., Inc. (2016) 246 Cal.App.4th 566, 604.)

Given that Marusa has again failed to comply with the Court's order, the Court GRANTS Westlake's motion for terminating sanctions. The Court STRIKES Marusa's answer, and he is now in default. The Court also awards Westlake an additional $1,873.82 in monetary sanctions for causing Westlake to file this motion, to be paid within 30 days of this order. (Code Civ. Proc., Sec. 2030.290, subd. (c); id. Sec. 2031.300, subd. (c).)

The Court VACATES the trial date in this matter, and ORDERS Westlake to SHOW CAUSE, on Wednesday, October 28, 2026 at 9:30 a.m. in Department 25 of the Spring Street Courthouse, re: the entry of a default judgment. Westlake is to give notice.

Case Number: 25STLC06914 Hearing Date: August 24, 2026 Dept: 25 HEARING DATE: Mon., August 24, 2026 JUDGE /DEPT: Eisenman/25 CASE NAME: Golden Kaizer, Inc. v. Alarcon, et al. COMP. FILED: 09-09-25 FAC FILED: 09-12-25