Parker v. Wolters Kluwer U.S., Inc., 2007 WL 969436 (Cal. Ct. App. 2007)

Leonard O. Parker sued his former employer (WKUS) and three of its employees for various employment-related torts and breaches of contract. WKUS served Parker (who was in pro per throughout the proceedings) with a set of form interrogatories and a set of special interrogatories. Parker served late and inadequate responses then refused to meet and confer with WKUS’s counsel regarding same. In response to a motion to compel, the trial court order Parker to provide supplemental response, properly verified, within 10 days of its order and sanctioned Parker $2,200. Parker failed to provide the supplemental responses as ordered. In addition, Parker arrived late for his deposition, refused to be sworn or to testify and left, stating “This deposition is over.” In response to WKUS’s motion to compel, the trial court ordered Parker to appear for his deposition, which he did, accompanied by his young granddaughter who was “screaming and hollering” throughout the proceeding. After Parker failed to show up at a second court-ordered deposition, the trial court granted defendants’ motion for terminating sanctions, struck his answer to the cross-complaint and entered his default. The Court of Appeal affirmed the order of monetary sanctions (for Parker’s failure to respond to the interrogatories) and terminating sanctions in favor of WKUS. However, the Court reversed the terminating sanctions that had been granted in favor of the other defendants who had not propounded discovery, who had not joined in the motions to compel Parker to answer the interrogatories or to attend his deposition and who had not suffered a detriment as a result of Parker’s misuse of the discovery process. Cf. Forrest v. California Dep’t of Corrections, 2007 WL 1202456 (Cal. Ct. App. 2007) (trial court properly dismissed discrimination lawsuit filed by vexatious litigant).

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Photo of Tony Oncidi Tony Oncidi

Anthony J. Oncidi is the co-chair of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including…

Anthony J. Oncidi is the co-chair of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection. A substantial portion of Tony’s practice involves the defense of employers in large class actions, employment discrimination, harassment and wrongful termination litigation in state and federal court as well as arbitration proceedings, including FINRA matters.

Tony is recognized as a leading lawyer by such highly respected publications and organizations as the Los Angeles Daily JournalThe Hollywood Reporter, and Chambers USA, which gives him the highest possible rating (“Band 1”) for Labor & Employment.  According to Chambers USA, clients say Tony is “brilliant at what he does… He is even keeled, has a high emotional IQ, is a great legal writer and orator, and never gives up.” Other clients report:  “Tony has an outstanding reputation” and he is “smart, cost effective and appropriately aggressive.” Tony is hailed as “outstanding,” particularly for his “ability to merge top-shelf lawyerly advice with pragmatic business acumen.” He is highly respected in the industry, with other commentators lauding him as a “phenomenal strategist” and “one of the top employment litigators in the country.”

“Tony is the author of the treatise titled Employment Discrimination Depositions (Juris Pub’g 2020;, co-author of Proskauer on Privacy (PLI 2020), and, since 1990, has been a regular columnist for the official publication of the Labor and Employment Law Section of the State Bar of California and the Los Angeles Daily Journal.

Tony has been a featured guest on Fox 11 News and CBS News in Los Angeles. He has been interviewed and quoted by leading national media outlets such as The National Law JournalBloomberg News, The New York Times, and Newsweek and Time magazines. Tony is a frequent speaker on employment law topics for large and small groups of employers and their counsel, including the Society for Human Resource Management (“SHRM”), PIHRA, the National CLE Conference, National Business Institute, the Employment Round Table of Southern California (Board Member), the Council on Education in Management, the Institute for Corporate Counsel, the State Bar of California, the California Continuing Education of the Bar Program and the Los Angeles and Beverly Hills Bar Associations. He has testified as an expert witness regarding wage and hour issues as well as the California Fair Employment and Housing Act and has served as a faculty member of the National Employment Law Institute. He has served as an arbitrator in an employment discrimination matter.

Tony is an appointed Hearing Examiner for the Los Angeles Police Commission Board of Rights and has served as an Adjunct Professor of Law and a guest lecturer at USC Law School and a guest lecturer at UCLA Law School.