The motion of Defendants California Orthopaedic Institute of Medical Associates, Inc. and Kevin Rainey for terminating sanctions is denied. Plaintiff has filed proofs of service stating that responses to the form interrogatories, special interrogatories and requests for admission have been served. As for the alleged failure to pay monetary sanctions, terminating sanctions cannot be imposed based on a failure to pay monetary sanctions. Newland v. Superior Court (1995) 40 Cal.App.4th 608.