Los Angeles Partners Jeremiah Webb and Jeck Dizon recently secured a significant victory on behalf of a vehicle manufacturer in a Song-Beverly Consumer Warranty matter in Los Angeles County.
During trial preparation, defense counsel successfully obtained multiple discovery orders that the plaintiff failed and refused to follow. As a result of these violations, the court granted defense counsel’s motion precluding the plaintiff and the plaintiff's experts from testifying at trial. Despite the court’s multiple orders and having no plaintiff or expert testimony to present at trial, the plaintiff continued to push the matter forward, including attempts to discuss re-opening a prior 998 offer. Defense counsel refused to discuss re-opening the 998 offer and continued to press the plaintiff and push the matter toward trial.
On the eve of trial, defense counsel filed an ex parte application for terminating sanctions, seeking dismissal of the case with prejudice premised on the plaintiff’s counsel’s continued egregious behavior. The court granted the application on the first day of trial and ordered immediate dismissal of the case in its entirety. This result underscores the importance of diligent discovery enforcement and strategic motion practice prior to trial.