Toyrrific v. Edvin Karapetian
Cases that cite this one
9 later published cases cite this decision.
- Martinez v. University of San Diego (United States District Court for the Southern District of California 2024)
- Science Applications International Corp. v. United States (United States Court of Federal Claims 2022)
- Idahoan Foods LLC v. Allied World Assurance Company (US), Inc (United States District Court for the District of Idaho 2020)
- Munn v. Hotspur Resorts Nevada, Inc. (District Court, D. Nevada 2020)
- Cely Tablizo v. City of Las Vegas (9th Cir. 2018)
- Toyrrific, LLC v. Edvin Karapetian (9th Cir. 2018)
- Silvagni v. Wal-Mart Stores, Inc. (District Court, D. Nevada 2017)
- Caltex Plastics, Inc. v. Shannon Packaging, Co. (9th Cir. 2016)
- Martin v. Winn-Dixie Louisiana, Inc. (District Court, M.D. Louisiana 2015)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
MEMORANDUM **
Toyrrific, LLC appeals the district court’s order excluding damages evidence as a sanction pursuant to Federal Rule of Civil Procedure 37(c)(1) and granting summary judgment in favor of Defendants Ed-vin Karapetian, Edward Minasyan, Lena Amerkhanian, and Edo Trading, Inc. (“Ap-pellees”). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse and remand.
1. The district court did not err in concluding that Toyrrific failed to meet all of its initial disclosure obligations under Federal Rule of Civil Procedure 26(a)(1 )(A)(iii). See R & R Sails, Inc. v. Ins. Co. of Penn., 673 F.3d 1240, 1246 (9th Cir. 2012). Rule 26(a)(1)(A)(iii) requires parties to produce “a computation of each category of damages claimed” and to “make available for inspection and copying ... the documents ... on which each computation is based” without awaiting a discovery request. Toyrrific did neither. Rule 26(a)(1)(A) disclosures must be made “without awaiting a discovery request,” so it is irrelevant whether Appellees sought the information by interrogatory or failed to move to compel disclosure.
2. However, the district court erred as a matter of law by excluding the damages evidence under Rule 37(c)(1). See R & R Sails, 673 F.3d at 1247. Here, excluding damages evidence was fatal to Toyrrific’s claim. Appellees moved for summary judgment on the basis that Toyrrific could not introduce evidence of damages. The district court in the same order (1) ruled on the discovery violation, (2) ordered the evidence excluded, and (3) granted summary judgment on the sole basis that, as a result of the exclusion of the evidence, Toyrrific could not prove the damages element of its breach of contract claim. “Thus in practical terms, the sanction amounted to dismissal of a claim.” Id. Accordingly, the district court erred as a matter of law by imposing Rule 37(c)(1) exclusionary sanctions without finding that Toyrrific’s “noncompliance involved willfulness, fault, or bad faith,” and without considering “the availability of lesser sanc *366 tions.” Id. at 1245,1247. 1
REVERSED and REMANDED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. We note that there is some tension in our law over the requirement that, before a sanction amounting to dismissal of a claim can be issued, the district court must consider whether the claimed "noncompliance involved willfulness, fault, or bad faith” and must also consider "the availability of lesser sanctions.” R & R Sails, 673 F.3d at 1247. The panel in R & R Sails distinguished Hoffman v. Constr. Protective Servs., Inc., 541 F.3d 1175 (9th Cir. 2008), which "reject[ed] the notion that the district court was required to make a finding of willfulness or bad faith to exclude the damages evidence ... even when a litigant’s entire cause of action will be precluded,” 541 F.3d at 1180, by asserting that the sanction there was not tantamount to a dismissal of the entire claim. See 673 F.3d at 1247 n. 1. We find this distinction questionable, but are bound to follow R & R Sails.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.