Albinali
Albinali v. Calvert CA2/4
Opinion
Opinion
Zukin, J.
INTRODUCTION
This case concerns the use of terminating sanctions as a consequence of a plaintiff’s repeated discovery abuses and obstructionist litigation tactics. A plaintiff’s remote deposition was interrupted by technical difficulties, and the parties agreed to reconvene on another date to complete the deposition. Defendants’ efforts to schedule plaintiff’s continued deposition were unsuccessful, despite court orders directing plaintiff to appear for deposition and imposing monetary sanctions against her. At the same time, plaintiff engaged in a pattern of delay and obstruction, including failing to appear at conferences, failing to participate in court-ordered joint filings, and requesting continuances to accommodate a revolving door of counsel who would briefly substitute into the case, only to withdraw shortly thereafter. In response, defendants brought a motion for terminating sanctions against plaintiff. The threat of terminating sanctions was enough to compel plaintiff’s appearance for deposition; however, the court ultimately granted defendants’ request for terminating sanctions and entered judgment dismissing plaintiff’s action. On appeal, plaintiff challenges the…