The court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose terminating sanctions against anyone engaging in conduct that is a misuse of the discovery process. Code Civ. Proc., § 2023.030.
Misuses of the discovery process include, but are not limited to, the following:
Code Civ. Proc., § 2023.010.
The court may impose terminating sanctions by issuing one of the following orders:
Code Civ. Proc., § 2023.030.
Terminating sanctions should not be ordered lightly, but are justified where a violation is willful, preceded by a history of abuse, and there is evidence that less severe sanctions would not produce compliance with the discovery rules. Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992. In deciding whether to impose a terminating sanction, the trial court is to consider the totality of the circumstances. Lang v. Hochman (2000) 77 Cal.App.4th 1225, 1246.
The court should begin with lesser sanctions to determine their effectiveness before issuing terminating sanctions. Lopez v. Watchtower Bible and Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604. However, “the unsuccessful imposition of a lesser sanction is not an absolute prerequisite to the utilization of the ultimate sanction.” Deyo v. Killbourne (1978) 84 Cal.App.3d 771, 787.
Before any sanctions may be imposed the Court must make an express finding that there has been a willful failure of the party to comply with the Court’s discovery order. Fairfield v. Superior Court for Los Angeles County (1966) 246 Cal.App.2d 113, 118. Lack of diligence may be deemed willful where the party understood its obligation, had the ability to comply, and failed to comply. Deyo, supra, 84 Cal.App.3d at p. 787; Fred Howland Co. v. Superior Court of Los Angeles County (1966) 244 Cal.App.2d 605, 610-611.
The party who failed to comply with the Court’s discovery order has the burden of showing that the failure was not willful. Deyo, supra, 84 Cal.App.3d at p. 788; Cornwall v. Santa Monica Dairy Co. (1977) 66 Cal.App.3d 250.
A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought. The notice of motion shall be supported by a memorandum of points and authorities, and accompanied by a declaration setting forth facts supporting the amount of any monetary sanction sought. Code Civ. Proc., § 2023.040.
Sep 06, 2028
Butte County, CA
Sep 06, 2028
Butte County, CA
May 16, 2024
Merced County, CA
Nov 15, 2023
Butte County, CA
Jul 17, 2023
Kern County, CA
Jul 17, 2023
Kern County, CA
Jul 17, 2023
Kern County, CA
Jun 28, 2023
Butte County, CA
May 24, 2023
Butte County, CA
May 24, 2023
Butte County, CA
May 10, 2023
Butte County, CA
May 10, 2023
Butte County, CA
May 03, 2023
Merced County, CA
Apr 19, 2023
Butte County, CA
Apr 06, 2023
Merced County, CA
Mar 08, 2023
Merced County, CA
Mar 08, 2023
Merced County, CA
Oct 12, 2022
Butte County, CA
Jun 30, 2022
Merced County, CA
Jun 15, 2022
Merced County, CA
Jun 15, 2022
Merced County, CA
Mar 23, 2022
Butte County, CA
Feb 02, 2022
Merced County, CA
Feb 02, 2022
Merced County, CA
Jan 26, 2022
Merced County, CA
Please wait a moment while we load this page.