California Terminating Sanctions For Discovery Abuses
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FAQ
A punishment for grossly improper litigation behavior that ends the offending party's participation in the case, usually consisting of a default or dismissal.
(a) The court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct.
(d) The court may impose a terminating sanction by one of the following orders: (1) An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process. (2) An order staying further proceedings by that party until an order for discovery is obeyed.
Types of Sanctions Depending on the nature of the discovery misuse, sanctions that may be available include: Monetary sanctions (reasonable expenses, including attorney fees; punitive damages are not permitted) Non-monetary sanctions (issued only if a party fails to obey a court order compelling discovery)
Terminating sanctions are the most severe type of discovery sanctions. There, the court may 1) strike pleadings; 2) stay proceedings; 3) dismiss an action; or 4) render a default judgment.