Opposing a terminating sanctions motion in California is the topic of this blog post.
The opposition to a terminating sanctions motion in California must be filed and served at least nine (9) Court days before the hearing unless the court has ordered otherwise. The opposition should be served by personal service, overnight mail or a courier service that provides overnight delivery pursuant to Code of Civil Procedure section 1005.
Grounds for opposing a terminating sanctions motion in California.
If you have been served with a terminating sanctions motion in California you need to carefully review the motion and supporting documents to determine if the moving party has any valid grounds for filing a motion for terminating sanctions in California.
Common grounds for an opposition to a terminating sanctions motion in California include the grounds that:
The moving party has not met their burden of showing that there was a willful failure to comply with Court orders to respond to discovery or pay discovery sanctions.
The opposing party has complied with all Court orders to respond to discovery.
The opposing party has complied with all Court orders to pay discovery sanctions.
The law in California is settled that terminating sanctions cannot be imposed unless there has been a willful failure to comply with a discovery order.
Several published decisions of the California Courts of Appeal have stated that there must be a willful failure to comply with a discovery order before terminating sanctions can be imposed; nonmonetary discovery sanctions can only be imposed when suitable and necessary to enable the party seeking discovery to obtain needed information and that discovery sanctions cannot be ordered merely to impose punishment.
The California Supreme Court has stated in a published decision that a terminating sanction is a drastic remedy and therefore should only be imposed in situations in extreme cases when imposing a less drastic sanctions would not preserve the fairness of the trial
A well known California legal treatise states that the purpose of discovery sanctions is not to provide a weapon for punishment, forfeiture, and the avoidance of the trial on the merits, but to prevent abuse of the discovery process and correct the problem presented.
Another well known California legal treatise states that discovery sanctions are not intended to be a windfall but instead are compensation for the costs and fees incurred by a party in enforcing discovery or opposing a meritless motion.
Sample document for opposing a terminating sanctions motion in California for sale.
Attorneys or parties in California that would like to view a portion of a 13 page sample document for opposing a terminating sanctions in California containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service sold by the author can use the link shown below.
Over 300 sample legal documents for California and Federal litigation for sale.
To view more information on over 300 sample legal documents for California and Federal litigation visit: https://legaldocspro.myshopify.com/products
The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.
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Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.