Legal Opinion
Newland v. Superior Court
California Court of Appeal
Decided November 27, 1995No. B094760PublishedCited by 14 opinions
1Opinion of the Court
Opinion
EPSTEIN, Acting P. J .
The time has come to reassert a well-established but apparently not well-known rule about monetary sanctions in discovery, The rule is that it is an abuse of discretion for a trial court to issue a terminating sanction for failure to pay the sanction. A monetary sanction is immediately enforceable as a judgment, unless the court rules that it is not. In an appropriate case failure to pay an ordered sanction is punishable as a contempt. And failure to provide the underlying discovery, in violation of a court order that it be provided, is punishable by sanctions…
2Cases cited10 opinions
- Hovey v. ElliottSupreme Court of the United States · 1897
- Caryl Richards, Inc. v. Superior CourtCalifornia Court of Appeal · 1961
- Motown Record Corp. v. Superior CourtCalifornia Court of Appeal · 1984
- Morgan v. RansomCalifornia Court of Appeal · 1979
- Puritan Insurance v. Superior CourtCalifornia Court of Appeal · 1985
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lucky United Properties Investment, Inc. v. LeeCalifornia Court of Appeal · 2010
- Dep't of Forestry & Fire Prot. v. Howell, California Court of Appeal, 5th District2017
- Mileikowsky v. Tenet HealthsystemCalifornia Court of Appeal · 2005
- 20th Century Insurance v. Tak Hung ChoongCalifornia Court of Appeal · 2000
- Asahi Kasei Pharma v. ActelionCalifornia Court of Appeal · 2014
9 more not listed; retrieve them via the Exa API.