Gallo

INTRODUCTION

In this landlord-tenant dispute, Johnny Gallo sued Jay Hergot for nuisance, breach of the covenant of quiet enjoyment, and other causes of action after Hergot evicted Gallo. Gallo appeals from the judgment entered after the trial court imposed terminating sanctions against him for misuse of the discovery process. Gallo argues his discovery violations did not justify such a drastic remedy. We conclude that, given Gallo’s history of discovery abuse and his failure to comply with discovery orders that imposed lesser sanctions, the trial court did not abuse its discretion in imposing terminating sanctions. Therefore, we affirm the judgment of dismissal.

FACTUAL AND PROCEDURAL BACKGROUND

A. Gallo Sues Hergot Gallo filed this action in February 2015. In his operative third amended complaint he alleged the following: Gallo leased a residential property in Beverly Hills from Hergot in March 2010. While negotiating the lease, Gallo told Hergot that he intended to make modifications to the property. Relying on “verbal assurances” Hergot “would negotiate in good faith . . . to sell the house to Gallo,” Gallo spent $37,000 on modifications, including remodeling the…