Motion for Order Striking Claim
25CV009409: CLAIM OF: ADRIAN KUSHNER 06/17/2026 Hearing on Motion for Order Striking Claim in Department 8D
Tentative Ruling
NOTICE:
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25CV009409: CLAIM OF: ADRIAN KUSHNER 06/17/2026 Hearing on Motion for Order Striking Claim in Department 8D
a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.
***NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G. ST. SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 25 WILL BE HEARD IN DEPARTMENT 8D OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE OR GORDON D. SCHABER COURTHOUSE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION.***
TENTATIVE RULING:
Petitioner People of the State of Californias (Petitioner) Motion for Order Striking Claim of Real Party in Interest Adrian Kushner (Real Party) for failure to comply with this Courts December 17, 2025 Order compelling responses to requests for production of documents is UNOPPOSED and GRANTED.
Real Party opposed civil forfeiture of assets by filing a claim on April 12, 2025. This Courts December 17, 2025 Order required Real Party to provide, no later than January 14, 2026, responses to Petitioners request for production of documents seeking information relevant to Real Partys claim opposing forfeiture. According to the moving papers, Real Party has failed to provide responses to the requests for production of documents or to contact Petitioner. Petitioner now seeks an order imposing a terminating sanction striking Real Partys claim.
Real Party has failed to comply with the Courts order. The Court finds that the failure to comply is willful, justifying a terminating sanction. (Code Civ. Proc., § 2031.300, subd. (c).) Petitioner has been prejudiced by Real Partys failure in that it cannot perform its required analysis of legitimate versus illegitimate income without the requested discovery. (People v. $4,503 U.S. Currency (1996) 49 Cal.App.4th 1743, 1749.)
Although no California cases have been decided precisely on this point, a federal court has upheld striking a claim for failure to comply with discovery orders. (United States v. Reyes (6th Cir. 2002) 307 F.3d 451, 458.) Dismissal was not an abuse of discretion when the party has the ability to but does not comply with a discovery order. (Ibid.) Federal cases may properly be cited as persuasive authority. Federal case law is instructive in the area of civil forfeiture because the California forfeiture statute is patterned after federal statutes. (Compare Health & Saf. Code, § 11470 et seq., with 21 U.S.C. § 881.) Further, at least one California appellate opinion has upheld similar
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV009409: CLAIM OF: ADRIAN KUSHNER 06/17/2026 Hearing on Motion for Order Striking Claim in Department 8D
consequences for willful refusal to comply with discovery requests in civil forfeiture actions. (People v. $4,503 U.S. Currency, supra, 49 Cal.App.4th at pp. 17481749.)
The civil forfeiture statutes explicitly incorporate the Code of Civil Procedure, which includes the Civil Discovery Act. (Health & Saf. Code, § 11488.5, subd. (c)(3).) Real Partys failure to respond to discovery and failure to comply with the Courts order constitutes misuse of the discovery process. (Code Civ. Proc., § 2023.010, subds. (d), (g).) In ordering sanctions, the Court has broad discretion to select the appropriate sanction for the factual circumstances. (Lopez v. Watchtower Bible & Tract Society of N.Y., Inc. (2016) 246 Cal.App.4th 566, 604.)
Additionally, Real Party has filed no opposition to this motion. A partys failure to oppose a motion is construed as a concession on the merits of the motion. (See D.I. Chadbourne, Inc. v. Super. Ct. (1964) 60 Cal.2d 723, 728, fn. 4.)
Petitioners motion is GRANTED. No judgment is entered at this time. The claim is stricken and the clerk is ordered to enter default on the petition. Petitioner is directed to proceed with default judgment prove-up on the Petition pursuant to Health & Safety Code section 11488.5(b)(1).
The Court will sign the proposed order submitted with the motion.