| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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Notice Of Motion And Motion For Terminating Sanctions Against Plaintiff Katherine Papageorge
SF Superior Court - Law & Motion / Discovery Dept 302 - CGC24614930 - December 26, 2025 Hearing date: December 26, 2025 Case number: CGC24614930 Case title: KATHERINE PAPAGEORGE, SUCCESSOR TRUSTEE OF THE VS. BRIAN B. HALLAIAN, AN INDIVIDUAL AND IN HIS ET AL Case Number: | | CGC24614930 | Case Title: | | KATHERINE PAPAGEORGE, SUCCESSOR TRUSTEE OF THE VS. BRIAN B. HALLAIAN, AN INDIVIDUAL AND IN HIS ET AL | Court Date: | | 2025-12-26 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion For Terminating Sanctions Against Plaintiff Katherine Papageorge | Rulings: | | Set for Law and Motion/Discovery Calendar on Friday, December 26, 2025, Line 4.
Defendants and Cross-Defendants' CNC Investments, Inc.'s unopposed Motion for Terminating Sanctions Against Plaintiff Katherine Papageorge, Successor Trustee of the 1996 Papageorge Trust, is granted.
Plaintiff willfully failed to: (1) comply with the court's October 28, 2025 order to serve verified, objection-free substantive responses to Defendant's Request for Production of Documents by November 18, 2025; and (2) comply with the court's October 28, 2025 order to serve verified, objection-free substantive responses to Defendant's form interrogatories by November 18, 2025.
Meet and confer is not required when a party fails to comply with a court order compelling discovery responses. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 CA 4th 390, 411).
The court considered the imposition of lesser sanctions such as monetary sanctions or issue or evidence preclusion sanctions (City of Los Angeles v. PricewaterhouseCoopers, LLC (2024) 17 C. 5th 46, 63: "[A] more severe sanction is disfavored if a lesser sanction is available.").
Monetary sanctions did not appear effective because Plaintiff disregarded the court's October 28, 2025 orders directing her to pay monetary sanctions. (Doppes v. Bentley Motors, Inc. (174 CA 4th 967, 992: "If a lessor sanction fails to curb misuse, a greater sanction is warranted")
Issue and evidence sanctions did not appear to be appropriate given that material facts establishing Defendant CNC Investment, Inc's lack of liability have been deemed admitted by court order.
Accordingly, terminating sanctions as to Defendant CNC Investments, Inc. are appropriate based on Plaintiff's discovery abuse. (Code of Civil Procedure sections 2023.010(g); 2030.290(c); 2031.300(c)).
As and for a terminating sanction for abuse of the discovery process, Plaintiff will take nothing on her First Amended Complaint against Defendant CNC Investments, Inc.
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